HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 2/19/2004AGENDA
REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL
FEBRUARY 19, 2004, 7:00 p.m.
San Jacinto Unified School District Board Room
2045 South San Jacinto Avenue, San Jacinto, California
ORGANIZATION
1.1 Call to Order
1.2 Roll Call
1.3 Invocation — Rev. Randy Leeper, Faith Tabernacle, San Jacinto
1.4 Pledge of Allegiance
1.5 Special Presentations
1.5.1 San Jacinto Valley Academy
2. PUBLIC COMMENTS:
Now is the time for the public to address the Council on any subject within the jurisdiction of the
City Council not listed on the agenda. A recap of the nonagendized comments will be addressed
under item number 2.1 during the City's second regular meeting of the month.
2.1 City Manager's Report / Recap of 1/22/04 and 2/5/04 Public Comments
3. PUBLIC HEARING
3.1 Annexation of Property to Landscaping, Lighting and Park District (LLPD)
No. 2 - Annexation No. 14 (Mt. San Jacinto Junior College) / City Attorney
3.1.1 Resolution No. _ / A Resolution Initiating Proceedings for the
Annexation of Property to LLPD No. 2 (Annexation No. 14) /
Approve and Adopt
3.1.2 Resolution No. _ / A Resolution Approving the Engineer's Report
for the Annexation of Property to LLPD No. 2 (Annexation No. 14) /
Approve and Adopt
3.1.3 Resolution No. / A Resolution Declaring Intention to Annex
Property to LLPD No. 2 (Annexation No. 14) / Approve and Adopt
City Council Agenda
February 19, 2004
Page 2 of 3
3.1.4 Public Hearing / At the conclusion of the public hearing if the City
Council determines that a majority protest does not exist, adopt
Resolution No. _ / A Resolution Ordering Annexation of Territory
to LLPD No. 2 and Levying Assessments
4. CITY DEPARTMENTS
4.1 Police Activities League (PAL) Building Location and Structure Materials /
Select building site and Authorize staff to solicit proposals for a traditional
wood frame building / Community Development Director
4.2 Burn Policy / Direct staff / City Attorney & Community Development
Director
4.3 Skyview Lane Landscape / Direct staff and recommend funding source /
Public Works Superintendent
4.4 Developer Deposit Policy / Resolution No. _ / A Resolution authorizing
the establishment of a deposit program for expedited review of
development projects /Approve and Adopt / city Attorney
4.5 Resolution No. / A Resolution amending the City's Local Guidelines
for Implementing the California Environmental quality Act (Pub. Resources
Code § 21000 et seq.) / Approve and Adopt / City Attorney & Community
Development Director
4.6 Final Principles for Water Management / Discuss and ratify committee's
approval of "Final" Principles of Water Management / City Attorney —
Special Counsel
4.7 Painting of City Hall / Ratify City Manager's decision to review this capital
request in the context of the budget process / City Manager
5. CONSENT CALENDAR
The matters listed under Consent Calendar are considered routine and will be enacted by one
motion by City Council Members in the form listed. There will be no separate discussion on these
items prior to the motion unless members of the City Council, staff or the public requests a
specified item be removed and/or discussed.
Anyone wishing to discuss a consent calendar item should come forward upon invitation of the
Mayor; state their name, address and the consent calendar item number. Speakers should limit
comments to three (3) minutes.
5.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks
Period Ending 02/19/04 / Approve / Finance Director
5.2 February 5, 2004 Regular Meeting Minutes / Approve / City Clerk
City Council Agenda
February 19, 2004
Page 3 of 3
5.3 Ratification of City Manager's Approval and Execution of
Kammeyer and Associates' Contract to conduct ongoing
Landscape Plan Checks and Inspections / Approve / Community
Development Director
6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS
6.1 Committee and/or Agency Agendas / Receive and File / City Clerk
7. CLOSED SESSION
7.1 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One
(1) or more cases
8. ADJOURNMENT
If you challenge any action of the City Council in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing.
CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land
use made by the City Council as a result of a proceeding in which by law a hearing is required to be
given, evidence is required to be taken, and the discretion in the determination of facts is vested in the
City Council, shall be required to commence that action 90 days following the date on which the decision
of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to
Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final.
It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all
respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will
need special assistance beyond what is normally provided, the City will attempt to accommodate you in
every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the
meeting to inform us of your particular needs and to determine if accommodation is feasible.
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AGENDA ITEM 3 (
February 19, 2004
TO: Honorable Mayor and Members of the City Council
FROM: City Attorney
SUBJECT: Annexation of Property to Landscaping, Lighting and Park
District No. 2 of the City of San Jacinto — Annexation No. 14
(Mt. San Jacinto Junior College)
RECOMMENDATION:
1. Adopt the following resolutions:
a. Resolution Initiating Proceedings for the Annexation of Property to
Landscaping, Lighting and Park District No. 2 ("Annexation No. 14")
b. Resolution Approving the Engineer's Report for the Annexation of
Property to Landscaping, Lighting and Park District No. 2 ("Annexation
No. 14").
c. Resolution Declaring Intention to Annex Property to Landscaping,
Lighting and Park District No. 2 ("Annexation No. 14").
2. Conduct Public Hearing and at the conclusion of the public hearing if the
City Council determines that a majority protest does not exist, adopt
Resolution Ordering Annexation of Territory to Landscaping, Lighting and
Park District No. 2 and Levying Assessments.
BACKGROUND:
In connection with the street improvements along Eagle Drive and Country
Village Drive, the City has required that the property adjacent to such
improvements be annexed to Landscaping, Lighting and Park District No. 2 to
finance the cost of maintaining and servicing street lighting along Eagle Drive
and Country Village Drive, which will benefit the adjacent property owned by the
Mount San Jacinto Junior College District. The property proposed to be annexed
to the district will receive the special benefit of the improvements and will be
assessed to pay the costs of maintenance of the street lighting and incidental
expenses of the assessment district.
ORANGE1JR18963.1
Staff is recommending that the City Council take all action that is necessary to
annex the Mount San Jacinto College property during the City Council meeting
on February 19, 2004. The first step is to adopt the Resolution Initiating
Proceedings, which initiates the annexation process by ordering the Engineer of
Record, GFB-Friedrich & Associates, Inc., to prepare the Engineer's Report,
describing in detail the improvements to be financed by the assessment district,
the estimated cost of such improvements and the special benefits that the
property within the assessment district will receive.
The next step in the annexation proceedings is to adopt a resolution approving
the Engineer's Report and a resolution declaring the City Council's intention to
annex the Mount San Jacinto College property to Landscape, Lighting and Park
District No. 2. The resolution of intention also schedules the public hearing on
the annexation and the levy of the assessments upon the property proposed to
be annexed to the District for February 19, 2004. The purpose of the public
hearing is to hear testimony from any interested persons and to consider
objections or protests, if any, to the proposed assessments.
As required by the Act, notices and assessment ballots have been mailed to the
Mount San Jacinto Junior College District, the record owner of the property
proposed to be annexed to the District with instructions to vote and return the
ballot to the City before the conclusion of the public hearing on February 19,
2004. At the conclusion of the public hearing, the City Council should direct the
City Clerk to tally the assessment ballots submitted and to determine whether a
majority protest exists. A majority protest exists if assessment ballots submitted
in opposition to the proposed assessments exceed assessment ballots submitted
in favor of the proposed assessments. If a majority protest exists, the City may
not annex the property to the District or levy the assessments.
If a majority protest does not exist, the City Council may proceed with the
recommended action described above. If annexed, the District will finance the
cost of maintaining and servicing the street lights that will benefit the annexed
property.
BUDGETARY IMPACT:
No cost is attributed to this action.
ORANGE\JR\8963.1
AGENDA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO INITIATING PROCEEDINGS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR
THE ANNEXATION OF PROPERTY TO LANDSCAPING,
LIGHTING AND PARK DISTRICT NO. 2 (ANNEXATION NO.
14) AND ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT
WHEREAS, it has been determined by the City Council ("City Council") of the City of
San Jacinto ("City") that the public interest, convenience and necessity require the
installation, operation, maintenance and servicing of street lights and any improvements
appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways
Code; and
WHEREAS, the City Council has determined that, to finance such facilities and the
maintenance and servicing thereof, certain property that will receive benefit from the
maintenance and servicing of such facilities should be annexed to existing Landscaping,
Lighting and Park District No. 2 of the City of San Jacinto ("District"); and
WHEREAS, the proceedings for the annexation of such property to the District are
authorized by and will be conducted pursuant to the provisions of the Landscaping and
Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the
California Streets and Highways Code; and
WHEREAS, the City Council has also determined that proceedings for the levy of
assessments on such property to pay the costs of the maintenance and servicing of such
facilities during fiscal year 2003-04 should also be conducted pursuant to Chapter 3
(commencing with Section 22620) of Part 2 of Division 15 of the California Streets and
Highways Code.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
SECTION 1.
The City Council proposes to annex certain property to the
District pursuant to the Landscaping and Lighting Act of 1972,
Part 2 (commencing with Section 25000) of Division 15 of the
California Streets and Highways Code.
ORANGE \JR\8942.i
SECTION 2. The Improvements shall include the following:
(a) the installation or construction of public lighting,
facilities;
SECTION 3.
(b) the installation or construction of any facilities which are
appurtenant to any improvements listed in subsection
(a) or which are necessary or convenient for the
maintenance or servicing thereof including, but not
limited to, electrical facilities; and
(c) the maintenance and servicing of any of the foregoing.
The property to be specifically charged for the maintenance
and servicing of such improvements is generally located at the
northeast corner of Eagle Drive and Country Village Drive in
the City of San Jacinto, County of Riverside, is identified by
Riverside County Assessor's Parcel Number433-050-011, and
shall be designated "Annexation No. 14 to Landscaping,
Lighting and Park District No. 2".
SECTION 4. The property described in Section 3, which is proposed to be
included within the proposed boundaries of Annexation No. 14
to the District may be presently included in Landscaping,
Lighting and Park District No. 1 of the City of San Jacinto.
Upon the completion of proceedings for the annexation of such
property to the District it shall be detached from such other
district.
SECTION 5.
GFB-Friedrich and Associates, Inc., the District's engineer
("Engineer"), is ordered to prepare and file a report in
accordance with Article 4 (commencing with Section 22565) of
Chapter 1 of Part 2 of Division 15 of the California Streets and
Highways Code with respect to the annexation of the property
described in Section 3 hereof to the District and the levy of
assessments on such property to pay the costs of the
maintenance and servicing of the improvements described in
Section 2 hereof during fiscal year 2003-04. Upon completion,
the Engineer shall file said report with the City Clerk of the City
Council for submission to the City Council.
ORANGE \JR\8942.i
ADOPTED, SIGNED AND APPROVED this 19th day of February, 2004.
City of San Jacinto
By Jim Ayres, Mayor
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
John E. Brown, City Attorney
Best Best & Krieger LLP
ORANGE\JR\8942.1
CERTIFICATION
I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing
resolution was passed, adopted and approved at a regular meeting of the City Council of
the City of San Jacinto held on the 19' day of February, 2004, by the following vote:
Ayes:
Nayes:
Absent:
Abstain:
WITNESS MY HAND AND OFFICAL SEAL this day of , 2004
Dorothy L. Chouinard, City Clerk
ORANGE\JR\8942.1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO APPROVING ENGINEER'S REPORT FOR THE
ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND
PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO
(ANNEXATION NO. 14)
WHEREAS, on February 19, 2004, the City Council of the City of San Jacinto
("City Council"), adopted Resolution No. initiating proceedings for the annexation
of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto
("District") and ordered GFB - Friedrich and Associates Inc., the Engineer of Record, to
prepare and file a report in accordance with Section 22565 of the California Streets and
Highways Code ("Code"); and
WHEREAS, the Engineer of Record has filed with the City Clerk its report
("Engineer's Report") containing the matters specified in Section 22565 through 22574
of the Code; and
WHEREAS, the Engineer's Report has been duly presented by the City Clerk to
the City Council for consideration and has been fully considered by the City Council,
and this City Council finds that each and every part of the Engineer's Report is
sufficient, and that no portion of the report requires or should be modified in any
respect.
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City
Council of the City of San Jacinto, as follows:
SECTION 1.
SECTION 2.
The Engineer's estimate of the itemized costs and expenses
of the installation, operation, maintenance and servicing of
street lights and any improvements appurtenant thereto and
the incidental expenses in connection therewith, contained in
the Engineer's Report shall be, and each of them are
hereby, preliminarily approved and confirmed.
The diagrams showing the property proposed to be annexed
to the District referred to and described in the Engineer's
Report and the boundaries of the property proposed to be
annexed to said District as the same existed at the time of
passage of Resolution No. , are hereby preliminarily
approved and confirmed.
ORANGEUR18958. I
SECTION 3.
SECTION 4.
The proposed assessments upon the property proposed to
be annexed to the District are in proportion to the estimated
benefit to be received by said property, respectively, from
said improvements and of the incidental expenses thereof,
as contained in the Engineer's Report.
Said Report shall stand as the Engineer's Report for the
purposes of all subsequent proceedings for Annexation No.
14 to the District.
SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall
attest and certify to the passage and adoption thereof.
ADOPTED, SIGNED AND APPROVED this 19th day of February, 2004.
City of San Jacinto
By Jim Ayres, Mayor
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
John E. Brown, City Attorney
Best Best & Krieger LLP
ORANGEUR\8958.1
CERTIFICATION
I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the
foregoing resolution was passed, adopted and approved at a regular meeting of the City
Council of the City of San Jacinto held on the 19th day of February, 2004, by the
following vote:
Ayes:
Nayes:
Absent:
Abstain:
WITNESS MY HAND AND OFFICAL SEAL this day of , 2004
Dorothy L. Chouinard, City Clerk
ORANGE\JR\8958.I
ENGINEER'S REPORT
Annexation No. 14: CITY OF SAN JACINTO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2
Preliminary Date: February 19, 2004
Confirmed Date: February 19, 2004
INTRODUCTION
Pursuant to the order of the City Council of the City of San Jacinto, this report is prepared in
compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
This report presents the engineering analysis for the Annexation No. 14 to the district known as
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 in the CITY OF SAN JACINTO
(hereinafter referred to as "District").
This District, by special benefit assessments, provides funding for the installation, operation,
maintenance and servicing of street lights and traffic signals; the installation, maintenance and
servicing of landscaped areas (parkways, medians, open space, detention/retention basins, etc.);
the installation, operation, maintenance and servicing of municipal parks; the installation,
operation, maintenance and servicing of drainage facilities; and graffiti removal from horizontal
and vertical surfaces which are appurtenant to the above items; all of which are located in public
rights -of -way or easements in the District.
Reference is hereby made to the:
ENGINEER'S REPORT
Formation of
CITY OF SAN JACINTO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2
Fiscal Year 2003-2004,
that was confirmed on April 4, 2002, and is hereinafter referred to as the "Master Engineer's
Report," which is hereby incorporated herein as though set forth in full.
BOUNDARIES OF DISTRICT
The proposed boundary of Annexation No. 14 to the District is completely within the City Limits
of the City of San Jacinto and is shown on the Boundary Map (attached hereto as Exhibit "A"
and incorporated herein by reference and on file in the office of the City Clerk at the San Jacinto
City Hall). Exhibit "A" serves as the Assessment Diagram for Zone 14 of the District and a copy
of said Exhibit "A" may be found in the Appendix to this Report. The
boundary includes the parcel of land that is located adjacent to the street lighting that will be
funded by this assessment district. Said parcel of real property included within the District is
described in detail on maps on file in the Riverside County Assessor's office or by an Assessor
Parcel Number description.
Zones
The 1972 Act provides for areas within a district to be classified into different zones.
Annexation No. 14 to Landscaping, Lighting and Park District No. 2 is comprised of a single
zone. The costs of the installation, operation, maintenance and servicing of the street lighting
improvements and facilities within this zone, will be separately determined, and incidental
costs will be prorated and added to determine the total cost. This zone is comprised of one
parcel of land on which Mount San Jacinto College is situated and is designated as Zone 14.
Future annexations will be assigned Zone designations; e.g. Zone 15, Zone 16, Zone 16A,
Zone 17, etc., as appropriate.
IMPROVEMENTS
The authorized facilities and items of servicing and maintenance are described in the "Master
Engineer's Report." Said description is included within this report by reference. A copy of
said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San
Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours.
Zone 14 Improvements
The improvements included in Zone 14 to be installed, operated, serviced, and maintained are
street lights.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Plans and Specifications
The plans and specifications showing and describing the general nature, location and extent of
the improvements to be operated and maintained within Annexation No. 14 are on file in the
office of the City Clerk and are incorporated herein by reference.
FINANCIAL ANALYSIS
The estimated annual cost requirements for Zone 14, for the improvements described in the
"Improvements" section of this report, are summarized in Exhibit "B", attached hereto and
incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for
each improvement or facility, and for incidental costs to be funded by the District.
LLPD No. 2 - Engineer's Report 2 Annexation No. 14
Notes:
1. Incidental Costs are prorated in proportion to the respective servicing and maintenance
costs for each facility or improvement.
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this report is
apportioned by a formula and method which fairly distributes the total assessments among all
assessable lots or parcels in proportion to the estimated special benefit to be received by each
lot or parcel from the improvements. Said method is described in the "Master Engineer's
Report" and is included within this report by reference. A copy of said "Master Engineer's
Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be
reviewed, or a copy obtained, at City Hall during normal business hours.
ASSESSMENT FORMULA
The basic formula used to calculate the amount allocated to each lot or parcel within the
District for each type of improvement or facility is described in the "Master Engineer's
Report." Said formula, including but not limited to, the table entitled "ASSESSMENT
FORMULA USING ASSESSMENT UNIT (AU) METHOD," and subsections entitled Special
Benefit Analysis, Street Classification and corresponding General Benefit (%), and Assessment
of Public Property is included within this report by reference. Such facilities include street
lights. All of said facilities require maintenance for which the parcel designated by Assessor
Parcel Number 433-050-011 will be assessed for funding through Landscaping, Lighting and
Park District No. 2, Annexation No. 14 (the subject of this Report).
LIMITATION ON INCREASE OF ANNUAL ASSESSMENT
The City Council intends to increase assessments, on an annual basis when necessary, in
accordance with the Consumer Price Index for all Urban Consumers for the Los Angeles -
Anaheim -Riverside area, published by the United States Department of Labor, Bureau of
Labor Statistics; provided however, that any such annual increase shall not exceed seven and
one-half percent (7.5 %). The current Southern California telephone number for the Consumer
Price Index (CPI) Hotline is (310) 235-6884.
ASSESSMENT SPREAD
The individual Zone 14 assessments, tabulated by Assessor's Parcel Number or other form of
identification, are shown on the Assessment Spread on file in the Office of the City Clerk of
the City of San Jacinto and attached hereto as Exhibit "C." The total cost of the improvements
described in the "Improvements" section of the report for Annexation No. 14 for fiscal year
2004-2005 is estimated to be $481.97 . The maximum annual assessment for the 2004-2005
fiscal year is $481.97 for the single parcel.
LLPD No. 2 - Engineer's Report 3 Annexation No. 14
IRID CH ASSOC., INC.
JOHN A. FRIEDRICH, P.E.
ASSESSMENT ENGINEER
Date: Z — .5 -/94-
LLPD No. 2 - Engineer's Report 4 Annexation No. 14
APPENDIX
EXHIBITS
Exhibit "A" - Boundary Map
Exhibit "B" - Cost Estimate
Exhibit "C" - Assessment Spread
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BOUNDARY MAP
LANDSCAPING, LIGHTING AND
PARK DISTRICT NO. 2
ANNEXATION NO. 14
/N the
CITY OF SAM JACNVTO
FISCAL YEAR 1004-1001
ZONE 14
VICINITY MAP
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CITY OF SAN JACINTO
LIGHTING, LANDSCAPING AND PARK DISTRICT NO. 2
Annexation No. 11
(Zone 14)
COST ESTIMATE
Item
Quantity
Unit
Unit Cosa
Month
Street Lights
- -
Landscape Maintenance
Storm Drain Maint.
Graffiti Removal
TOTALS
Cost/Mo.
Costar.
CosUMo.
CostlYr.
CosUMo.
Cost/Yr.
CosUMo.
Costar.
Cost/Mo.
CostYr.
Per Month
Per Year
Mount San Jacinto College
(1 Parcel)
Street Llahls
$38.48
- .24) ..1519
519.24
51.92
521.16
52.92
52.67
52.08
54.17
52.17
51.67
53.33
$461.76
(5230.86)
5230.88
$23.09
5253.97
535.00
$32.00
525.00
550.00
$26.00
520.00
540.00
-
50.00
50.00
50.00
$0.00
$0.00
50.00
50.00
50.00
50.00
$0.00
'a:. _.-,
50.00
f0.00
E0.00
$0.00
50.00
50.00
50.00
50.00
SO.60
f0.00
�
50,00
S0.00
50.00
$0.00
$0.00
f0.00
50.00
f0.00
f0.00
50.00
,:
50.00
50.00
50.00
$0.00
50.00
50.00
50.00
$0.00
50.00
50.00
..._ .. ..,
$0.00
50.00
50.00
50.00
$0.00
50.00
50.00
50.00
EO.00
50.00
.._... ,
$0.00
50.00
50.00
50.00
$0.00
50.00
50.00
50.00
t0.00
E0.00
_
$0.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
E 50.00
f0.00
$0.00
$0.00
50.00
$0.00
$0.00
$0.00
50.00
50.00
50.00
$38.48
.,:.� (519.24)
519.24
51.92
$21.16
52.92
52.67
$2.08
$4.17
52.17
51.67
E3.33
S461.76
(f•23b.118)
$230.88
523.09
S253.97
$35.00
532.00
S25.00
550.00
526.00
520.00
$40.00
9,5001umen
-�ellt.'E9:621Ligh1
4
Ea.
$9.62
Less Gert�ta6ehx Z UgtitS�=1r
Subtotal, Maintenance and Servicing
Contingency (10%)
TOTAL, Maintenance and Servicing
Incidental Costs
..
,:.,.
Assessment Engineer
Legal Counsel
City Administration
City Inspection Costs
Counly Collection Fees
Miscellaneous
1
1
1
1
1
1
1
L.S.
L.S.
L.S.
L.S.
LS.
L.S.
L.S.
535 l yr
532 /yr
525 I yr
550 / yr
526 / yr
520 Iyr
540 I yr
Reserve Fund
TOTAL, Incidental Costs
5228 I yr
519.00
0.00
$228.00
0.00
$0.00
0.00
50.00
0.00
50.00
0.00
50.00
0.00
50.00
0.00
50.00
0.00
50.00
0.00
SO.00
0.00
f19.00
0.00
5226.00
0.00
Contributions to the District
TOTAL AMOUNT TO ASSESSMENT
E40.16
5481.97
50.00
SO.00
50.00
E0.00
EO.06
50.00
S0.00
f0.00
$40.16
$481.97
Assessment per Lot = 5481.97
February 3, 2004
6.1
Exhibit "6"
CITY OF SAN JACINTO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2
Annexation No. 14
(Zone 14)
ASSESSMENT SPREAD
Parcel
Identification
(APN)
Property Owner Name
Existing
Land Use
Code
Assessable
Acreage
(acres)
Asmt.
Units
(AU)
Street Lights
Park
Maint.
Landscape
Maint.
Storm
Drain
Maint.
Graffiti
Removal
Dollars
per AU
($)
Assessment
per Parcel
($)
Mount San Jacinto
(One Parcel)
433-050-011
College
IMt. San Jacinto Jr. College District
R1
nla
1.00
$481.97
$0.00
$0.00
$0.00
$0.00
$481.97
$481.93
TOTALS
1.00
$481.97
$0.00
$0.00
$0.00
$0.00
$481.93
Current Ownership: Mount San Jacinto Junior College District
Address: 1499 North State Street, San Jacinto, CA 92583
February 3, 2004
C-1
Exhibit "C"
1.3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2, TO
LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY
FOR FISCAL YEAR 2003-2004 AND PROVIDING NOTICE OF
TIME AND PLACE OF A HEARING ON THE PROPOSED
ANNEXATION AND THE PROPOSED ASSESSMENTS,
DETERMINING DURATION OF SUCH ASSESSMENTS AND
ANNUAL INCREASES IN AMOUNTS THEREOF AND
PROVIDING FOR ELECTION THEREON (ANNEXATION NO. 14)
WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City")
has initiated proceedings for the annexation of certain property to Landscaping, Lighting
and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the
Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of
Division 15 of the Streets and Highways Code ("Act"), for the installation, operation,
maintenance and servicing of street lights and any improvements appurtenant thereto
as provided in Section 22525 of the California Streets and Highways Code; and
WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc.
has filed with the City Clerk a report regarding the assessments which are proposed to
be levied and collected from the owners of assessable property within the District to pay
the costs of the installation, operation, maintenance and servicing of street lights and
improvements appurtenant thereto, and that report has been presented to and
considered by the City Council; and
WHEREAS, upon the annexation of such property to the District, and to the
extent such property is included within Landscaping, Lighting and Park District No. 1
and the assessments levied thereby finance the same Improvements provided by the
District, it should be detached from Landscaping, Lighting and Park District No.1.
WHEREAS, it is necessary that the City Council adopt a resolution of intention
pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix
and give notice of the time and place of a public hearing on said report, the proposed
annexation of such property to the District and the proposed assessments.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
ORANGE\JR\8962.1
SECTION 1. Findings. The City Council of the City of San Jacinto finds
that:
SECTION 2.
(a) The foregoing recitals are true and correct;
(b) The report of GFB - Friedrich and Associates, Inc.
(the "Report") contains all matters required by
Sections 22565 through 22574 of the Streets and
Highways Code and may, therefore, be approved by
the City Council;
(c) The assessments, which are proposed to be levied for
fiscal year 2003-2004 on all parcels of assessable
property that are proposed to be annexed to
Landscaping, Lighting and Park District No. 2, are
based on special benefit conferred upon each such
parcel from the payment of the cost of the installation,
operation, maintenance and servicing of street lights
and appurtenant improvements;
(d) The proportionate special benefit derived by each
such parcel has been determined in relationship to
the entirety of the capital cost of the installation,
operation, maintenance and servicing of street lights
and appurtenant improvements;
(e) The amount of the assessment which is proposed to
be assessed on each such parcel is based upon and
will not exceed the reasonable cost of the proportional
special benefit conferred on that parcel.
Intention. The City Council declares that it intends to annex
the property described in Section 4 to the District, to detach
such property from Landscaping, Lighting and Park District
No. 1, and to levy assessments on all lots and parcels of
assessable property which are proposed to be annexed to
Landscaping, Lighting and Park District No. 2 of the City of
San Jacinto for fiscal year 2003-2004 in the amount set forth
in the Report. Such assessments will be collected at the
same time and in the same manner as county taxes are
collected, and all laws providing for the collection and
enforcement of county taxes shall apply to the collection and
enforcement of the assessments.
SECTION 3. Improvements. The Improvements which shall be provided
for the property proposed to be annexed to the District by
ORANGEUR'8962.1
and through the assessments levied annually thereon shall
include the following:
(a) the installation or construction of public lighting,
facilities, including, but not limited to, street lights;
(b) the installation or construction of any facilities which
are appurtenant to any improvements listed in (a) or
which are necessary or convenient for the
maintenance or servicing thereof including, but not
limited to, electrical facilities; and
(c) the maintenance and servicing of any of the
foregoing.
SECTION 4. Annexation to Assessment District. The distinctive
designation of the annexation is "Annexation No. 14 to
Landscaping, Lighting and Park District No. 2 of the City of
San Jacinto." The property which is proposed to be annexed
to the District and which comprises Annexation No. 14 is all
the property which is identified by Riverside County
Assessor's Parcel Number 433-050-011. Upon the
completion of the annexation proceedings, the property
which comprises Annexation No. 14 will be designated as
Zone 14 of the District ("Zone 14"). The boundaries of
Annexation No. 14 or Zone 14 are further described and
shown in the Report. The territory included within Zone 14 is
generally located at the northeast corner at Eagle Drive and
Country Village Drive in the City of San Jacinto, County of
Riverside. Upon completion of the annexation proceedings,
such territory shall be detached from existing Landscaping,
Lighting and Park District No. 1.
SECTION 5. Report and Assessments. The Report, which is on file with
the City Clerk of the City Council, and which has been
presented to the City Council at the meeting at which this
resolution is adopted, is approved. Reference is made to the
Report for a full and detailed description of the
Improvements, the boundaries of Annexation No. 14 and the
assessments which are proposed to be levied on the
assessable lots and parcels of property within Zone 14 for
fiscal year 2003-2004.
SECTION 6. Duration of Assessments and Inflation Increases and
Election Thereon. The assessments shall be levied on all
parcels of assessable property within Annexation No. 14 or
ORANGEUR\8962.1
SECTION 7.
SECTION 8.
Zone 14 of the District, as identified in the Report, so long as
the assessments are necessary to finance the Improvements
specified in Section 3 and the maintenance and servicing
thereof. The assessment amounts contained in the Report
shall be subject to an annual adjustment or increase in an
amount equal to the percentage increase in the Consumer
Price Index — All Urban Consumers for the Los Angeles —
Anaheim — Riverside Area; provided however that the
amount of the assessment to be levied on any assessable
parcel in any fiscal year shall not be increased by more than
seven and one—half percent (7.5%), and the amount of the
assessment to be levied on any parcel in any fiscal year
shall not in any event exceed the actual total cost of the
proportional special benefit conferred on that parcel. The
assessment ballots, which are to be mailed to the owners of
assessable parcels of property in Annexation No. 14 or Zone
14, as provided in Section 8 hereof, shall clearly indicate that
the property owners are voting on the duration of and annual
increases in the amount of the assessments as specified
above.
Hearing. The time and place of the hearing required by
Section 22587 through 22594 of the Streets and Highways
Code concerning the proposed annexation of the property
described in Section 4 hereof to the District, the proposed
detachment from Landscaping, Lighting and Park District
No.1, and the assessments which are proposed to be levied
for fiscal year 2003-2004 is set for 7:00 p.m. on February 19,
2004, at the San Jacinto Unified School District Board
Room, located at 2045 S. San Jacinto Avenue, San Jacinto,
California.
Notice of Hearing and Ballots. The City Clerk of the City
Council shall mail notice of the proposed annexation and the
proposed assessments and of the time and place of the
public hearing, as specified in Section 7 hereof, to the record
owner of each assessable parcel of property identified in the
Report. Such notice shall specify the total amount of the
assessment chargeable to all the property within Annexation
No. 14 or Zone 14 to Landscaping, Lighting and Park District
No. 2, the amount chargeable to each owner's particular
parcel, the duration of the assessments, the reason for the
assessments and the basis upon which the amount of the
proposed assessments was calculated, together with the
date, time and location of the public hearing on the proposed
assessments as specified in Section 7 hereof. The notice
ORANGEUR\8962.1
shall include, in a conspicuous place, thereon, a summary of
the procedures applicable to the completion, return and
tabulation of the assessment ballots, which will accompany
the notice and shall include a statement that the existence of
a majority protest will result in the assessments not being
levied, and that a majority protest will exist if, upon the
conclusion of the hearing, ballots submitted in opposition to
the assessments exceed the ballots submitted in favor of the
assessments. Each such notice mailed to owners of
identified parcels within Annexation No. 14 or Zone 14 to
Landscaping, Lighting and Park District No. 2 shall contain a
ballot which includes the City's address for receipt of any
ballot when completed by any owner receiving such notice
whereby each such owner may indicate his or her name,
reasonable identification of the parcel and support or
opposition to the proposed assessments.
SECTION 9. That the Mayor shall sign this Resolution and the City Clerk
shall attest and certify to the passage and adoption thereof.
APPROVED, ADOPTED AND SIGNED this 19th day of February, 2004.
City of San Jacinto
By Jim Ayres, Mayor
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
John E. Brown, City Attorney
Best Best & Krieger LLP
ORANGEUR\8962.1
CERTIFICATION
I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the
foregoing resolution was passed, adopted and approved at a regular meeting of the City
Council of the City of San Jacinto held on the 19th day of February, 2004, by the
following vote:
Ayes:
Nayes:
Absent:
Abstain:
WITNESS MY HAND AND OFFICAL SEAL this day of , 2004
Dorothy L. Chouinard, City Clerk
ORANGEUR\8962.1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO ORDERING THE ANNEXATION OF
TERRITORY TO LANDSCAPING, LIGHTING AND PARK
DISTRICT NO. 2 AND LEVYING ASSESSMENTS
(ANNEXATION NO. 14)
WHEREAS, on February 19, 2004, the City Council ("City Council") of the City of
San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain
territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which
was designated for purposes of such proceedings as "Annexation No. 14" and "Zone
14," and scheduling a public hearing thereon; and
WHEREAS, by Resolution No. , the City Council approved the repqrt of
GFB-Friedrich and Associates, Inc., the Engineer of Record ("Report") which contained,
among other matters, the proposed assessments to be levied for fiscal year 2003-04
upon assessable lots and parcels of land within the territory which comprises
Annexation No. 14 to and Zone 14 of the Assessment District; and
WHEREAS, pursuant to Section 53753 of the Government Code, by Resolution
No. , the City Council directed the City Clerk ("City Clerk") to cause notice of the
proposed annexation and the proposed assessments and of the time and place of the
public hearing thereon to be mailed to the record owner of each parcel of property
identified in the Report and further directed that each such mailed notice contain an
assessment ballot upon which the property owner could indicate his or her support or
opposition to the proposed assessments; and
WHEREAS, the City Council has conducted the public hearing with respect to
the annexation of the territory proposed to be annexed to the Assessment District and
has received a report from the City Clerk regarding the tabulation of the assessment
ballots submitted, and not withdrawn, in support of or opposition to the proposed
assessments advising that the ballots which were received were voted in favor of the
proposed assessments and that a majority protest does not therefore exist; and
WHEREAS, by Resolution No. , the City Council determined that upon the
annexation of such property to the Assessment District it should be detached from
Landscaping, Lighting and Park District No. 1 to the extent the assessments levied
thereby finance the same improvements provided for by the Assessment District.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
ORANG EU R18975. I
SECTION 1. Findings. The findings recited in the preceding paragraphs
are true and correct.
SECTION 2. Assessment District. The Assessment District is
Landscaping, Lighting and Park District No. 2 of the City of
San Jacinto. The territory which is proposed to be annexed
to the Assessment District and which comprises Annexation
No. 14 is described in the Report and includes all of the
property which is identified as Riverside County Assessor's
Parcel Number 433-050-011 and generally located at the
northeast corner of Eagle Drive and Country Village Drive in
the City of San Jacinto, County of Riverside.
SECTION 3. Improvements. The improvements within and for the
Assessment District and which shall be provided for Zone 14
of the Assessment District through the assessments levied
annually on property therein shall include the following:
(a) the installation or construction of public lighting,
facilities, including, but not limited to, street lights;
SECTION 4.
(b) the installation or construction of any facilities which
are appurtenant to any improvements listed in (a) or
which are necessary or convenient for the
maintenance or servicing thereof including, but not
limited to, electrical facilities; and
(c) the maintenance and servicing of any of the
foregoing.
Annexation; Designation of Zone; Detachment. The territory
comprising Annexation No. 14, as described in Section 2
hereof, is annexed to Landscaping, Lighting and Park District
No. 2 of the City of San Jacinto. The diagram of the
Assessment District, as modified to include Annexation No.
14 and as contained in the Report, is confirmed. Such
annexed territory is designated as Zone 14 of the
Assessment District. The territory comprising Annexation No.
14 and Zone 14 of the Assessment District shall be and is
detached from Landscaping, Lighting and Park District No. 1
of the City of San Jacinto to the extent included within
Landscaping, Lighting and Park District No. 1.
ORANGEUR18975.1
SECTION 5.
SECTION 6.
Levy of Assessments; Annual Increases; Duration. The
assessments proposed to be levied on the lots and parcels
within Zone 14 of the Assessment District for fiscal year
2003-04 in the amounts set forth in the Report and in the
assessment ballot mailed to and returned by the owners of
the property comprising Annexation No. 14 shall be and are
confirmed and levied. Pursuant to Section 6 of Resolution
No. , and as specified in such ballot, the annual amount
of the assessment to be levied on each parcel of property in
Zone 14 of the Assessment District shall be subject to an
annual adjustment or increase in an amount equal to the
percentage increase in the Consumer Price Index -All Urban
Consumers for Los Angeles - Anaheim - Riverside Area;
provided, however, that the amount of the assessment to be
levied on any parcel in any fiscal year shall not be increased
by more than seven and one-half percent (7.5%) and the
amount of the assessment to be levied on any parcel in any
fiscal year shall not, in any event, exceed the actual total
cost of the proportional special benefit conferred on that
parcel. The assessments shall be levied annually on
assessable lots and parcels of property in Zone 14 so long
as the assessments are necessary to finance the cost of the
operation, maintenance and servicing of the improvements
specified in Section 3 within and for Zone 14.
Filing With the County Auditor. The City Clerk shall cause
the diagram and assessment as confirmed and levied
hereby to be filed with the County Auditor of the County of
Riverside as required by Section 22641 of the Streets and
Highways Code.
SECTION 7. That the Mayor shall sign this Resolution and the City Clerk
shall attest and certify to the passage and adoption thereof.
APPROVED, ADOPTED, AND SIGNED this 19th day of February, 2004.
City of San Jacinto
By Jim Ayres, Mayor
ORANGEUR\8975.1
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
John E. Brown, City Attorney
Best Best & Krieger LLP
CERTIFICATION
I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the
foregoing resolution was passed, adopted and approved at a regular meeting of the City
Council of the City of San Jacinto held on the 19t" day of February, 2004, by the
following vote:
Ayes:
Nays:
Absent:
Abstain:
WITNESS MY HAND AND OFFICAL SEAL this day of , 2004
Dorothy L. Chouinard, City Clerk
ORANGEUR\8975.1
AGENDA ITEM 4. 1
February 19, 2004
TO: The Honorable City Council
FROM: Tim Hults, Community Development Director
SUBJECT: Police Activities League (PAL) Building — Location and Materials
RECOMMENDATION:
By motion, select a location and authorize Staff to solicit proposals for a traditional wood
frame building for the new home of the San Jacinto PAL program.
BACKGROUND:
On December 4, 2003, the City Council reprogrammed $40,000 toward the relocation of the
San Jacinto PAL program and the installation of a modular building to house the PAL
activities. The reprogramming action, coupled with a similar action ($60,000) by the
Riverside County Board of Supervisors, provides for a relocation and building acquisition
budget of $100,000. On December 18, 2003, Council authorized Staff to explore locations
for the PAL building and to explore construction materials other than a modular building.
LOCATION
Staff has analyzed potential locations for the proposed PAL facility and suggests that two
locations be considered, Monte Vista Middle School and Sallee Park. The attached aerial
map identifies the specific locations within each facility for the proposed building. On the
Monte Vista campus, the proposed location is along First Street, southwest of and outside
the fenced area of the track. At Sallee Park, the proposed location is south of the ball
diamond and swimming pool in the open grass area of the park.
Page 1 of 3
Both locations have their pros and cons. Below, will be a discussion of the pros and cons of
each location.
Monte Vista Campus
The proposed location on the campus is where former Valley Wide Teen Center was
housed. As such, all the necessary utilities to serve the site are in place and could be easily
connected the proposed building. Additionally, the site is readily accessible and highly visible
as it fronts on First Street and is adjacent to the parking lot for the church and skate park.
However, the site has an old slab that would have to be removed, and is located away from
the recreational facilities of the park. Additionally, there is some question as to whether the
School Board would support the use of the campus for the PAL building, and if so, there
would likely be significant restrictions placed upon use by the school district, such as
limitations on the hours of operation (open when school is not is session) and limitations as to
who would be allowed to enter school property to access the facility.
Sallee Park
As stated above, the proposed location at Sallee Park is the open grass area south of the
ball diamond and pool. Within this area of the park, there is adequate room to accommodate
the proposed building. Additionally, the existing recreational improvements would
compliment the PAL operation and the range of activities offered by the PAL program.
Furthermore, the City would dictate the hours of operations and any use limitations. The
problems associated with Sallee Park include the modification and disruption of the newly
renovated facility, the lack of utilities at the park to serve the building, the cost to extend the
utilities and cost of site preparation to serve the building.
Site preparation would include excavation work for the foundation, excavation of trenches for
the water, sewer and electrical lines, and any flat work for walkways and steps. The site
preparation is estimated $30,000. This cost could potentially be reduced if City crews
conduct the site preparation and do not include such activities in the contact for the project.
Additional positives with Sallee Park, are that the building would be a permanent addition to
the park, would provide an element of additional security at the park, and park funds could
contribute toward the construction of the building and site preparation should the project
exceed the amount budgeted.
MATERIALS
Staff recommends that the City Council authorize the construction of 3,400 square -foot wood
frame and stucco building on a slab. The wood frame and stucco building is substantially
more aesthetically pleasing than either a modular building or metal building. Additionally, the
wood frame and stucco building has a longer useful life than the other two methods and is
generally more energy efficient.
Page 2 of 3
Staff has contacted a number of builders to ascertain if a 3,400 square -foot wood frame and
stucco building could be constructed within the PAL program's budgetary parameters. All the
builders contacted indicated that such a building could be built within the PAL program's
budget parameters. However, all indicated that the extent of interior partition walls, flooring,
electrical fixtures and outlets, plumbing fixtures and outlets, mechanical heating and cooling
equipment will dictate the overall cost of the building. As such, it was suggested that the PAL
program solicit volunteer labor and/or donations of materials to help lower the cost to ensure
the project stays within budgeted objectives.
JUSTIFICATION:
Either location is sufficient to accommodate the PAL program. Additionally, each location
has both positives and negatives associated with it. The use of wood frame and stucco is
more aesthetically pleasing than either a modular building or metal building. Additionally, the
wood frame and stucco building has a longer useful life than the other two methods and is
generally more energy efficient.
BUDGETARY IMPACT:
Both the City and County have allocated CDBG funds toward the project in the amount of
$100,000. Park Development funds could be allocated provided Sallee Park is selected as
the suitable location and the project costs exceed the budgeted amount.
ATTACHMENTS:
Aerial Photograph showing the proposed locations
Page 3 of 3
- FIRST
maw
Potential PAL Location
r
�aFIRST ST
Potential PAL Location
WST -
10,111.7
'E ONDST."I`
!AAII;r ST
MAIN ST
AGENDA ITEM 4•
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: City Attorney and Community Development Director
SUBJECT: Burn Policy
RECOMMENDATION:
Take the following action in the order listed:
1. Direct City staff as to Council's desire for modification, if any, to City's Burn Policy.
BACKGROUND:
The City's Development Code provides that if a building containing a non -conforming use
is destroyed by certain catastophies such that 50% of the value of the structure needs
replacing then it cannot be re -built, except in accordance with the current development
code requirements. Recently, this policy has been questioned as the result of a property
owner apparently being unable to sell property as the result of lenders apparently being
unwilling to provide a loan secured by such property.
As the attached table indicates, the limitations on reconstruction following catastrophic
events generally can be characterized as some variation of the following:
Ability to rebuild if damage is below a specified amount: Hemet (50%), San Jacinto (50%),
Colton (50%), Indian Wells (75%), Temecula (50%)
Ability to rebuild, subject to discretionary review: Moreno Valley (Administrative Site Plan);
Murrieta (Minor CUP, if over 50% damaged); Ontario (Planning Commission hearing if over
50% damaged)
Nearly unrestricted ability to rebuild: Riverside County (subject to amortization period),
Long Beach (no increase in floor area)
Page 1 of 8
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
City Manage
Finance Director:
JUSTIFICATION:
The City staff needs direction as to the City Council's desire on this policy.
BUDGETARY IMPACT:
The approval of this resolution will likely have no budgetary impact.
ATTACHMENTS:
Description of other cities and Riverside County's non -conforming use provisions
Page 2 of 8
S:\jsb\San Jacinto \Burn Policy Staff Report.doc
City/County
Code Section
Ordinance Text
Hemet
90-61(a)
Whenever a structure which does not comply with the
minimum development standards and site development
requirements for the zone in which the structure is
located, is damaged by fire, calamity, act of God or by the
public enemy to the extent of 50 percent or Tess of the
value of the structure as determined by the building
official, based upon the latest International Conference of
Building Officials Building Valuation Data Table, the
structure may be restored. The restoration shall be started
within 12 months from the date of damage and diligently
pursued to completion. When the damage exceeds 50
percent or the structure is razed for any reason, the
structure shall not be restored except in full conformity
with the regulations for the zone in which it is located.
(Ord. No 1585, § 8-25-98)
Riverside
County
17.184.090(B)
The provisions of this chapter [generally limiting increases
to 25% of floor area, but imposing objective time limits on
continuance of nonconformities] shall not prevent the
reconstruction, repairing, rebuilding or replacement and
continued use of any nonconforming structure that is
damaged by fire, explosion or acts of God; provided,
however, any such rebuilding, reconstruction or repairing
shall not extend the period of nonconforming time in
which the use must be eliminated. (Ord. 348.3928 § 2
(part), 2000: Ord. 348 § 18.8(h), (i))
Moreno
Valley
9.02.180(G)
1. Whenever a legal nonconforming use or improvement
is destroyed by fire, calamity or act of God, to the extent
of fifty (50) percent or less, the improvement may be
restored and the nonconforming use may be resumed,
provided that restoration is started within one year and
diligently pursued to completion. When the destruction
exceeds fifty (50) percent or the structure is voluntarily
razed or is required by law to be razed, the structure shall
not be restored except in full conformity with the
regulations for the zone in which it is located and the
nonconforming use shall not be resumed.
2. If the use or improvement is destroyed by fire, calamity
or act of God, to the extent of fifty (50) percent or more,
the use or improvement may not be restored except as
provided for below in subparagraphs 5, 6, 7 and 8.
***
4. Any legal nonconforming improvement rebuilt after
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
destruction by fire, calamity, or act of God, shall to the
degree feasible, be rebuilt to eliminate or reduce the
nonconformity with the regulations for the district in which
it is located.
5. In any district, a legal nonconforming residential use
destroyed by fire, calamity or act of God may be restored
and the use may be resumed, provided that the
restoration is started within three years and diligently
pursued to completion.
6. In any district, a legal nonconforming place of worship
or other quasi -public use or improvement destroyed by
fire, calamity or act of God may be restored and the use
may be resumed, provided that the restoration is started
within three years and diligently pursued to completion.
7. In any commercial district, a legal nonconforming
commercial use destroyed by fire, calamity or act of God
may be restored and the use may be resumed, provided
that the restoration is started within one year and diligently
pursued to completion.
8. In any industrial district, a legal nonconforming
industrial use destroyed by fire, calamity or act of God
may be restored and the use may be resumed, provided
that the restoration is started within one year and diligently
pursued to completion.
9. Any legal nonconforming use or improvement restored
after damage and allowed within this section is subject to
review under an administrative plot plan and shall adhere
to the following findings:
a. The proposal shall not be for the purpose of increasing
the number of living units on the property.
b. The proposal shall benefit the health, safety and
welfare of the occupants on the site, and not be
detrimental to any surrounding properties.
c. The proposal shall be architecturally compatible with
the existing building.
d. The proposal shall not displace required on -site
parking, landscaping or other conforming Municipal Code
requirements.
e. Any legal nonconforming improvement rebuilt after
destruction by fire, calamity, or act of God, shall to the
degree feasible, be rebuilt to eliminate or reduce the
nonconformity with the regulations for the district in which
it is located.
Colton
18.46.040
S:\jsb\San Jacinto Burn Policy Staff Report.doc
Should such nonconforming structure or nonconforming
portion of structure be destroyed by any means to an
Indian Wells
Long Beach
M urrieta
21.90.030(e)
21.27.090
16.32.050(B)
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
extent of more than fifty percent of its replacement cost at
time of destruction, it shall not reconstructed except in
conformity with the provisions of this title. (Ord. 0-14-92 §
1 (Exh. A) (part), 1992)
A non -conforming building and/or structure which is
damaged or partially destroyed by fire, explosion or man -
induced or natural disaster to the extent of more than
seventy-five percent (75%) of the fair market value
according to the assessment as listed by the Riverside
County Assessor for the fiscal year during which the
destruction occurs shall be subject to all the applicable
regulations specified by this division. (Ord. 387 §1, 1996)
Any building containing a nonconforming use or any
nonconforming structure may be repaired and restored to
its nonconforming state if the need for repairs or
restoration shall be the result of fire, explosion,
earthquake, imminent public hazard, acts of terrorism,
sabotage, vandalism, warfare or abatement of earthquake
hazard in accordance with City regulations. Such
restoration shall comply with the following conditions:
A. Level Of Restoration. The damaged use or structure
may be repaired or rebuilt to the area and footprint of the
previous use or structure. Alternatively, the use or
structure may be repaired or rebuilt to a more conforming
area or footprint.
B. Additional Floor Area Added. If during restoration
and/or reconstruction additional floor area is added, the
use or structure shall abandon its nonconforming status.
C. Time Limit. The repairs must be commenced within
one year of the event causing damage to the use or
structure, and the repairs must be diligently pursued until
completed. (Ord. C-7663 § 5, 1999).
If a nonconforming structure, or a conforming structure
used for a nonconforming use, is damaged, destroyed
or demolished, the right to continue occupancy of the
nonconforming structure, or to continue the
nonconforming use shall cease; provided however, that
the structure may be repaired or rebuilt and reoccupied
only as follows:
1. If the cost of repairing or replacing the damaged
portion of the structure does not exceed fifty (50)
percent of the current appraised value of the structure,
as shown in the county assessor's records, the
structure may be restored and the use continued if the
restoration is started within one year of the date of
Ontario
9-1.0710(b)
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
damage or destruction and is diligently pursued to
completion; and
2. If the cost of repairing or replacing the damaged
portion of the structure exceeds fifty (50) percent of the
current appraised value of the structure, as shown in
the county assessor's records, a minor conditional use
permit (16.52) shall be required to authorize the
restoration of the structure and continue the use. The
minor conditional use permit shall include a finding, in
addition to those contained in Section 16.52.040
(Findings and Decision), that the benefit to the public
health, safety or welfare exceeds a detriment inherent
in the restoration. (Ord. 182 § 2 (part), 1997)
A legal nonconforming structure which is damaged or
partially destroyed by fire, flood, wind, earthquake or other
calamity, or the public enemy, may be reconstructed up to
the original size, placement and density, provided that
total cost of such reconstruction does not exceed more
than fifty percent (50%) of fair market value or less, the
structure may be restored and the nonconforming use
may be resumed, provided that restoration is started
within six (6) months, unless extended by the Zoning
Administrator, and diligently pursued. In the event that the
cost of repairing such damage exceeds fifty percent (50%)
of the value of the structure prior to such damage
occurring, the structure may be reconstructed up to the
original size, placement and density subject to the
following conditions:
(1) The Planning Commission, after holding a public
hearing, finds that continuing the nonconforming use will
not result in an annoyance to and/or reduction of, any
surrounding property. A public hearing and Planning
Commission findings, pursuant to division (b) of this
section, shall not be required for a parcel of land that is
designated for a residential land use on the General Plan
and contains six (6) or fewer dwelling units;
(2) The extent of damage or partial destruction shall be
based upon a comparison of the estimated cost of
restoring the structure to its condition prior to such
damage or partial destruction with its value at the time the
structure was damaged or partially destroyed. Estimates
for such purpose shall be made by or reviewed by the
Building Official; and
(3) The restoration is commenced within six (6) months
and diligently pursued to completion.
(4) Nothing in this section shall be construed to permit
the continuation of conditions that will endanger the
health, safety and welfare of building occupants or the
residents of the area, or which constitute a public or
private nuisance.
A multiple family dwelling or development that has been
involuntarily damaged or destroyed by fire, flood, wind,
earthquake, or other calamity, or by public enemy, may be
reconstructed up to the original size, placement and
density, except a multiple family dwelling or development
which has been abandoned for a period of ninety (90) or
more consecutive days prior to being involuntarily
damaged or destroyed, or a multiple family dwelling or
development constituting a public nuisance prior to being
involuntarily damaged or destroyed may not be
reconstructed unless the structure is made to comply to all
provisions of the Development Code.
Temecula
17.03.070(G)
1. Whenever a structure which does not comply with the
development standards for front yards, side yards, rear
yards, height of structures, or distances between
structures prescribed in the development standards for
the zone in which the structure is located, or the use of
which does not conform with the development standards
for the zone in which it is located, is destroyed by fire or
other calamity, by act of God, or by the public enemy to
the extent of fifty percent or more, or the structure is
voluntarily razed or is required by law to be razed, the
structure shall not be restored except in full conformity
with the development standards for the zone in which it is
located and the nonconforming use shall not thereafter be
resumed.
2. The extent of damage or partial destruction shall be
based upon the ratio of fifty percent of the estimated
replacement cost of restoring the structure to its condition
prior to such damage or partial destruction, or to fifty
percent of the estimated cost of duplicating the entire
structure as it existed prior to said damage or partial
destruction. Estimates for this purpose shall be made by
or shall be reviewed and approved by the building official,
and shall be based on the minimum cost of construction in
compliance with the city's building code as the same
exists on the date the estimates are submitted.
3. In accordance with Government Code Section 65863.4,
the restoration and reconstruction restrictions contained in
this subsection shall not apply to any multifamily
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
residential dwelling which is currently occupied at the time
it was involuntarily damaged or destroyed and which was
legally constructed and occupied at the time of its initial
construction. For purposes of this subsection, the phrase
"multifamily residential dwelling" means any structure
designed for human habitation that has been divided into
two or more legally created independent living quarters.
The application of the restrictions of this subdivision shall
not apply to any multifamily residential dwelling which
constituted a public nuisance prior to being involuntarily
damaged or destroyed, which was abandoned for a period
of one year prior to being involuntarily damaged or
destroyed, or to any property for which the property owner
requests a reduction in density on the property. (Ord. 95-
16 § 2 (part))
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
AGENDA ITEM 4.3
February 19, 2004
To: The Honorable Mayor and Members of the City Council
From: Robert Lavin, Public Works Superintendent
Subject: Skyview Lane Landscape
RECOMMENDATION:
Provide direction to staff on the options herewith presented for consideration in
order to provide landscape improvements for the small, narrow planter area
located across from Skyview Tot -Lot.
BACKGROUND:
A narrow planter bed exists on Skyview Lane that is not landscaped and
undeveloped in this neighborhood. The planter sits behind the block wall with no
access for the homeowners to make improvements on their own. Minimal
landscaping here will give a completed image to the adjacent Skyview Park. The
following four options are:
1. Mulch only (0 cost), or;
2. Install shrubs (Texas Privet) with wood chips, water meter and
sprinkler system ($4,250),or:
3. Stamped -concrete only ($6,000).
The following would also need to be considered:
1. Landscape maintenance of parkway, once developed, would be $150-
$200 a month
2. Remove or relocate up to two (2) utility boxes to deter vandalism.
a. Electrical pedestal — $2,100 (City owned)
b. Cable TV box — zero cost
c. Relocate telephone box — has been replaced, cannot be lowered
per Verizon
JUSTIFICATION:
Improve and beautify the area with minimal costs to the City and give a
completed image to the adjacent Skyview Park.
BUDGETARY IMPACT:
Cost for landscape improvements is between $4,250 - $6,000; the only viable
source of funding for this type of improvement is the unreserved, unrestricted
general fund. However, City Manager does not recommend the use of general
fund moneys for this type of public improvement. No funds are available in the
LLPD No. 1, for this type of improvement. This district has historically had on-
going deficits. It must also be considered that if improvements are made, an
additional $150 - $200 will be incurred in maintenance cost in the LLPD No. 1
ATTACHMENTS:
None
AGENDA ITEM 4.4-
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: City Attorney
SUBJECT: Developer Deposit Policy
RECOMMENDATION:
Take the following action in the order listed:
1. Adopt Resolution of the City Council of the City of San Jacinto, California
Authorizing the Establishment of a Deposit Program for Expedited Review of
Development Projects
BACKGROUND:
At a recent Special City Council meeting, the City Council expressed a desire to see from
City Staff an interim solution to the increased toll on City staff resources that have resulted
from a high number of development applications within the City. The accompanying
resolution and sample deposit agreement establishes such a deposit program whereby a
project applicant may provide a monetary deposit (pursuant to an agreement) to the City.
The deposit would be optional for developers who wish to participate and mandatory if, in
the opinion of the City Manager, additional resources are needed in order to comply with
state mandated time frames for processing development applications. The deposit would
be used by the City to retain consultants that can assist in the expedited review of a
development project. The resolution and agreement expressly recognize that the
consultants would be those of the City and not the project applicant.
Because the deposit would only be used to pay for actual costs incurred by the City, the
deposit does not constitute a development impact fee for which an AB 1600 analysis needs
to be performed.
JUSTIFICATION:
The adoption of this resolution is necessary in order to ensure that development projects
are timely processed at no additional expense to the City of San Jacinto.
Page 1 of 2
RVPUB\JSB\667oyo.i
BUDGETARY IMPACT:
The approval of the policy will have a positive budgetary impact because it will ensure that
development "pays its own way", rather than relying on general fund moneys.
ATTACHMENTS:
Resolution
Resolution of the City Council of the City of San Jacinto, California Authorizing the
Establishment of a Deposit Program for Expedited Review of Development Projects
RVPUB JSB1660194
RVPUB\JSB\667o7o.i
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A
DEPOSIT PROGRAM FOR EXPEDITED REVIEW OF DEVELOPMENT
PROJECTS
WHEREAS, the City of San Jacinto ("City") is authorized by California
Constitution, Article IX, Section 7 to make and enforce within its limits all local, police,
sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, a tremendous increase in the number of development approval
applications has recently affected the ability of the City to process such applications
within timeframes that the City Council deems appropriate; and
WHEREAS, the City Council of the City of San Jacinto wishes to establish a
development project deposit policy in order to alleviate the hardship on applicants and
City staff caused by the recent increased development approval applications; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City
Council of the City of San Jacinto:
SECTION 1. Incorporation of Recitals. The City Council hereby finds and
determines that the Recitals of this Resolution are true and correct
and are hereby incorporated into this Resolution as though fully set
forth herein.
SECTION 2. Deposit. Upon request by any applicant for a "development project",
as that term is defined in Government Code section 65928, or in
the event the City Manager or designee determines that any
additional consultant(s) would be necessary in order to meet the
time requirements set forth in the Permit Streamlining Act, such
applicant shall provide to the City a deposit in cash, cashier's check
or money order to be used by the City to retain the services of such
planning, environmental, engineering, legal or other consulting
services as may be deemed appropriate by the City Manager, or
designee. The amount of the deposit shall be determined by the
City Manager, or designee based upon factors including, but not
limited to, the number and/or complexity of the approval(s) required
Page 1 of 4
RVPUBUSB1667040.1
and the size and/or complexity of the project. The City Manager or
designee is authorized to enter into deposit agreements with
development project applicants in substantially the form set forth in
Exhibit "A", attached hereto and incorporated by reference herein,
including any amendments acceptable to the City Attorney. The
Deposit shall be used solely for the purpose of paying the actual
costs of retaining those consultant(s) requested or deemed
necessary by the City Manager, or designee. The deposit may be
required to be replenished if such deposit is reduced to a level that,
in the sole discretion of the City Manager or designee, will be
insufficient to provide the requested or necessary consultant
payments. Upon the completion of the portion of the development
project for which the applicable consultant(s) has been retained,
any remaining funds shall be returned to the applicant.
SECTION 3. Not a Development Impact Fee, Special Assessment or Tax. The
City Council hereby finds and determines that the costs to be paid
by development project applicants pursuant to this policy do not
exceed the estimated reasonable cost of providing the service for
which the fee is charged since the funds on deposit are used to pay
the actual costs of retaining those consultant(s) requested or
deemed necessary by the City Manager, or designee. The deposit
authorized by this policy shall not be deemed a "development fee",
as defined in Government Code sections 66000 or 66010, nor a
"special assessment" or "tax", but instead constitutes a processing
charge pursuant to Government Code section 66014. The deposit
provided for in this policy shall be in addition to any other
processing charges, as well as any development fees, taxes or
assessments that may otherwise be imposed pursuant to
applicable law.
SECTION 4. Contractor of City of San Jacinto. Under no circumstances shall
the consultant(s) retained pursuant to this policy be deemed an
employee, contractor, consultant or agent of the applicant
requesting the development approval. Instead, the City Manager,
or designee shall have the authority to choose the consultant(s), in
his or her sole discretion. Such consultant(s) shall be the
independent contractor solely of the City of San Jacinto while
retained pursuant to this policy.
SECTION 5. Effective Date. This Resolution shall become effective upon its
adoption.
APPROVED and ADOPTED, this 19th day of February, 2004, by the following
vote
Page 2 of 4
RVPUBUSB\667040.1
Ayes:
Nays:
Absent
Abstain:
City of San Jacinto
by Jim Ayres, Mayor
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
City Attorney
Page 3 of 4
RVPUBUSB\667040.1
EXHIBIT "A"
DEPOSIT AGREEMENT
[TO BE ATTACHED]
Page 4 of 4
RVPUBUSB\667040.1
[MODEL]
DEPOSIT AGREEMENT
between
THE CITY OF SAN JACINTO,
a California municipal corporation
and
COMPANY
a corporation
[DISCUSSION DRAFT NO._ DATED , 200_]
-R V PUB\ S B\667040.1
DEPOSIT AGREEMENT
This Deposit Agreement ("Agreement") is made this day of , 200 ,
by and between the City of San Jacinto, a California municipal corporation (the "City"), and
Company, a ( the "Applicant").
RECITALS
This Agreement is made with respect to the following facts:
A. The Applicant is the owner of that certain real property ("Property") located
within the City of San Jacinto, County of Riverside, California. The Property is more
particularly described in the legal description attached hereto as Exhibit "A".
B. The Applicant is contemplating the development of the Property as a residential
community to be known as . The Applicant has submitted an application for
various discretionary land use approvals for the development of the Property including, without
limitation, approval of [a specific plan, environmental documents pursuant to the California
Environmental Quality Act ("CEQA") and the amendment of the City's General Plan and
Zoning Code]. [The Applicant may also request the City to provide public financing to assist the
Applicant in developing the infrastructure for the Property, including, but not limited to, the
creation of Community Facilities Districts, Lighting and Landscape Districts or other financing
mechanisms. Moreover, the Applicant intends to process and negotiate a development
agreement with the City and process an annexation of that portion of the Property which is in the
City's sphere of influence]. All of the above shall be referred to collectively as the "Project."
C. To provide the City with the environmental, planning, fiscal and extraordinary
legal advice and information necessary to the City's review process concerning the development
of the Property, and the possible provision of public financing, it is necessary for the City to
retain the services of an environmental consultant, a project land use planner, a fiscal consultant,
and legal counsel (collectively, "Consultants"). For purposes of this Agreement, extraordinary
legal service shall mean any and all legal service provided to the City which service is directly
related to the Applicant's pursuit of the development of the Property and which service would
not have been requested by the City, if the Applicant's Project was not being processed by the
City. Extraordinary legal service shall not include any legal service provided to the City in
connection with the preparation or updating of City regulations, ordinances, plans or guidelines
which are necessary for the review of the Project and which are under State law required to be
updated from time to time.
D. As a condition to the City's completion of the review process, the Applicant has
agreed to pay the City for the Consultants costs and expenses related to the City's review process
in the manner and amounts set forth in this Agreement. The Applicant's payment to City under
this Agreement will ensure that the City has the necessary resources to diligently and efficiently
process the Applicant's Project.
-RVPUBUSB1667040.1
-1-
AGREEMENT
NOW, THEREFORE, in consideration of the following mutual promises and agreements,
City and Applicant agree as follows:
1. Incorporation of Recitals. The parties agree that the Recitals constitute the factual
basis upon which the City and the Applicant have entered into this Agreement. The City and the
Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are
incorporated into this Agreement as though fully set forth at length.
2. City to Retain Consultants. As a necessary and indispensable part of its fact
finding process relating to the review of the Applicant's proposed uses of the Property, and the
City's possible assistant to the Applicant with public financing, the City shall retain, by means of
contracts ("Consultant Contracts") subject to the City's approval in its reasonable and sole
discretion, the services of the Consultants set forth in Section 4 of this Agreement to provide
such environmental, fiscal, planning, public information and extraordinary legal advice as the
City may deem necessary in its reasonable and sole discretion. The identity of the Consultants
employed shall be as determined by the City in its reasonable and sole discretion. The scope of
work of each respective Consultant is attached hereto as Exhibits "B" - "E". The City reserves
the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary
and appropriate where such amendments are reasonably necessary and related to the City's
proper review and consideration of the Applicant's Project.
The Applicant agrees that, notwithstanding the Applicant's payment obligations under
this Agreement, the Consultants selected by the City shall be the contractors exclusively of the
City and not of the Applicant. Except for those disclosures required by law including, without
limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and
other forms of communication by and between the City and the Consultants shall be, to the
extent permissible by law, privileged and confidential and not subject to disclosure to the
Applicant. The Applicant agrees that it shall have no claim to nor shall it assert any right in any
reports, correspondence, plans, maps, drawings, news releases or any and all other documents or
work product produced by the Consultants pursuant to the Consultant Contracts. City shall
include in each of the Consultant Contracts a termination provision authorizing the City to
immediately terminate the contracts without cause by sending written notice of termination to the
contractor.
3. Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in
good faith with the Consultants. The Applicant agrees that it will instruct its agents, employees,
consultants, contractors and attorneys to reasonably cooperate with the Consultants and to
provide all necessary documents or information reasonably requested of them by the
Consultants; provided, however, that the foregoing shall not require the disclosure of any
documents or information of the Applicant which by law is privileged, proprietary, confidential,
and exempt from disclosure under the Public Records Act.
4. City's Preliminary Selection of Consultants. The City has preliminarily decided
to retain the following as Consultants pursuant to this Agreement:
-RV PUBUSB\667040.1
(I) Environmental Consultant -
(ii) Planning Project Manager - [Individual to be hired by City].
(iii) Fiscal Consultant -
(iv) Legal Counsel - Best Best & Krieger LLP.
The Applicant agrees that the City may select other Consultants to replace the
Consultants preliminarily identified above and may do so without consulting with the Applicant
or obtaining the Applicant's approval.
5. Applicant's Payment of Consultant Costs and Expenditures. The Applicant shall
deposit with the City the amount of Dollars ($ .00)
(the "Deposit") [i.e., the same or more as the Consultant Costs, below]. The City by its
execution hereof, acknowledges receipt of and accepts the Deposit. The Deposit is to be used to
pay the actual costs and expenditures incurred by the City relative to the Consultants Contracts
("Consultants Costs"). The City has preliminarily reviewed the scope of work required of each
Consultant and has estimated the aggregate Consultants Costs to be no less than
Dollars ($ ) ("Estimated Consultants Costs"). [Prior to the
Effective Date of this Agreement, the Applicant paid the City for portions of certain costs
associated with certain Consultant work which the City incurred prior to the Effective Date of
this Agreement which costs and work are more particularly described in Exhibit "F" ("Prior
Payments"). The Applicant shall receive a credit against the Consultant Costs in an amount
equal to the Prior Payments made to the City]. The City may draw upon the Deposit from time
to time to pay the Consultant Costs. The City shall provide Applicant with a written summary of
expenditures made from the Deposit, and the unexpended balance thereof, within ten (10)
business days of receipt by the City of a written request therefor submitted by the Applicant,
provided that the City shall not be required to provide a summary of expenditures more
frequently than one time each quarter. The City shall, within ten (10) business days after the
completion of that portion of the Project for with the Consultant has been retained, return the
then unexpended and unencumbered portion of the Deposit to the Applicant, without interest.
Such payment may also be made by the City to a designated payee upon the City's receipt of
such direction in writing from Applicant. If the Deposit is reduced to a level that is [ ]
percentage ([ 1%) of the Deposit amount, and further services are required of the Contractors
for the Project, the City Manager may, in his or her sole and absolute discretion, require the
Applicant to supplement the Deposit to an amount not exceeding the original Deposit amount.
6. Consultation with Applicant. The City may incur aggregate Consultants Costs up
to the Estimated Consultants Costs without consulting the Applicant. The City shall use
reasonable good faith efforts to consult with the Applicant prior to amending the scope of
services to be provided by Contractors and incurring Consultants Costs which exceed the
Estimated Consultants Costs ("Excess Costs"). The Applicant's obligation to pay the City for
Consultants Costs shall be contingent upon the City's providing the Applicant with written
notice of the amendment of the scope of work to be performed by a Contractor prior to the
completion of work. The decision to incur Excess Costs and the amount of Excess Costs to incur
shall lie within the reasonable and sole discretion of the City.
-RVPUBUSB1667040.1
-3-
For purposes of Section 5, the City shall be deemed to have consulted with the Applicant
when the City has provided written notice to the Applicant that the City reasonably anticipates
that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees
with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be
to terminate this Agreement pursuant to Section 9 of this Agreement, subject to the Applicant's
obligation to pay the City for all Consultants Costs incurred by the City prior to the date of
termination, whether or not yet paid by the City.
7. City to Retain Absolute Discretion. The Applicant acknowledges and agrees that
notwithstanding the Applicant's payment obligations under this Agreement, the City is not
obligated to approve any or all of the proposed uses for the Property, to approve any
environmental documents or general plan or municipal code amendments which may be required
for any of the uses contemplated for the Property, or to approve any development agreement
pertaining to the Property. The Applicant warrants and represents that no City official, officer,
employee, agent or attorney has represented, expressly or impliedly, that the City will approve
any proposed use of the Property. The Applicant understands that there will be numerous
legislative and adjudicatory decisions made by the City with regard to the development of the
Property. All such decisions of the City with regard to the Property and the contemplated uses of
the Property shall be made only after full compliance with all the City's statutory and other legal
obligations and after considering all appropriate information and evidence, including such
evidence which may cause the City to disapprove any or all of the contemplated uses of the
Property. Notwithstanding anything in this Agreement to the contrary, the City retains all
authority and discretion granted to it by law to either approve, disapprove or modify any of the
proposed uses of the Property. The Applicant agrees that the City may approve, or approve with
modifications, any or all components of the Applicant's proposed Project.
The Applicant agrees that the City shall not be bound by any recommendations or
conclusions reached by the Consultants and that the City may accept or reject, in whole or in
part, any such recommendations or conclusions which the City in its reasonable and sole
discretion deems to be unreasonable or contrary to the City's land use ordinances and regulations
or State statutes or regulations.
8. Term. The term of this Agreement shall commence on the date that this
Agreement is approved by the City Council and fully executed by the parties and shall terminate
when all work required by each Consultant Contract has been completed to the City's reasonable
satisfaction and the Applicant has satisfied all of its obligations under this Agreement including,
without limitation, the obligation to pay the City for Estimated Consultants Costs and Excess
Costs, whether or not paid by the City prior to the date of termination. The Applicant's
obligation to pay the City as provided in this Agreement shall survive the termination of this
Agreement pursuant to this Section 8.
9. Early Termination. The City may terminate this Agreement prior to the term set
forth in Section 8 above, without cost or liability to the City, upon thirty (30) days prior written
notice to the Applicant. The Applicant may in its reasonable and sole discretion terminate this
Agreement prior to the end of the term set forth in Section 8 above upon thirty (30) days' prior
written notice to the City; provided, however, that the Applicant has satisfied all of its
obligations under this Agreement to date of termination regarding payment to the City of both
-R V PUBUS B\667040.1
-4-
Estimated Consultants Costs and Excess Costs and, furthermore, that the Applicant has given
City written notice withdrawing its application for the Project.
Within two (2) City working days following either the City's decision to terminate this
Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate
this Agreement, the City shall notify the Consultants and instruct them to cease work under the
Consultant Contracts. The Consultants shall be instructed to bill the City for any work
completed prior to the date of termination of the Consultant Contract. Upon payment of all
Consultant Costs, any remaining portion of the Deposit shall be returned to the Applicant.
10. Remedies Upon Default. An event of default shall be deemed to exist upon the
occurrence of all three of the following:
(i) Either the City or the Applicant has, without legal justification or excuse,
breached any one or more of its obligations under this Agreement; and
(ii) The nondefaulting party has sent written notice to the party claimed to be in
default, specifying the default and what actions the nondefaulting party asserts should be taken to
remedy the default; and
(iii) The party claimed to be in default has not, within ten (10) days following receipt
of the written notice described above, either corrected the default or taken actions, reasonably
satisfactory to the nondefaulting party, to remedy the default within a reasonable period of time,
but in no event longer than thirty (30) days after receipt of the written notice described above.
Following an event of default, the nondefaulting party may exercise any and all remedies
available to it pursuant to this Agreement, or at law or in equity, including, without limitation,
instituting an action for damages, injunctive relief, or specific performance.
11. Nonwaiver of Rights or Remedies. The failure of a party to exercise any one or
more of its rights or remedies under this Agreement shall not constitute a waiver of that party's
right to enforce that right or seek that remedy in the future. No course of conduct or act of
forbearance on any one or more occasions by any party to this Agreement shall preclude that
party from asserting any right or remedy available to it in the future. No course of conduct or act
of forbearance on any one or more occasions shall be deemed to be an implied modification of
the terms of this Agreement.
12. Assignability. This Agreement may not be assigned by either party with the prior
and express written consent of the other party, which consent shall not be unreasonably withheld.
In determining whether to approve a request by Applicant to assign this Agreement, the City may
consider, among other things, the proposed assignee's financial status and commitment to the
Project. Any attempted assignment of this Agreement not in compliance with the terms of this
Agreement shall be null and void and shall confer no rights or benefits upon the assignee.
13. No Oral Modifications. This Agreement represents the entire understanding of
the City and the Applicant and supersedes all other prior or contemporaneous written or oral
agreements pertaining to the subject matter of this Agreement. This Agreement may be
-RVPUBUSB1667040.1
-5-
modified, but only by a writing signed by both the City and the Applicant. All modifications to
this Agreement must be approved by the City Council of the City of San Jacinto.
14. Binding Upon Successors. This Agreement and each of its terms shall be binding
upon the City, the Applicant and their respective officers, elected officials, employees, agents,
contractors, and permitted successors and assigns.
15. Legal Challenges. Nothing herein shall be construed to require City to defend any
third party claims and suits challenging any action taken by the City with regard to any
procedural or substantive aspect of the City's approval of development of the Property, the
environmental process, or the proposed uses of the Property. The Applicant may, however, in its
sole and absolute discretion appear as real party in interest in any such third party action or
proceeding, and in such event, it and the City shall defend such action or proceeding and the
Applicant shall be responsible and reimburse the City for whatever legal fees and costs,
including actual attorneys' fees, which may be incurred by the City in defense of such action or
proceeding. This City shall have the absolute right to retain such legal counsel as the City deems
necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys'
fees and costs incurred by the City as a result of such third party action or proceeding; provided,
however, Applicant may, at any time, notify City in writing of its decision to terminate such
payment obligation and, thereafter, in the event that the City decides to continue the defense of
such third party action or proceeding, Applicant shall have no further obligation to reimburse
City for its attorney fees and costs.
16. Attorneys' Fees. In the event that any action or proceeding, including arbitration,
is commenced by either the City or the Applicant against the other to establish the validity of this
Agreement or to enforce any one or more of its terms, the prevailing party in any such action or
proceeding shall be entitled to recover from the other, in addition to all other legal and equitable
remedies available to it, its actual attorneys' fees and costs of litigation, including, without
limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees,
including actual costs and attorneys' fees on appeal.
17. Jurisdiction and Venue. This Agreement is executed and is to be performed in the
City of San Jacinto, Riverside County, California, and any action or proceeding brought relative
to this Agreement shall be heard in the appropriate court in the County of Riverside, California.
The City and the Applicant each consent to the personal jurisdiction of the court in any such
action or proceeding.
18. Time is of the Essence. Except as otherwise expressly stated, time is of the
essence in the performance of every act required pursuant to this Agreement.
19. Covenant of Further Assurances. The City and the Applicant shall take all other
actions and execute all other documents which are reasonably necessary to effectuate this
Agreement.
20. Interpretation. The City and the Applicant agree that this Agreement is the
product of mutual negotiations and is an arms -length transaction. Each party has negotiated this
Agreement with the advice and assistance of legal counsel of its own choosing.
-RVPUBUSB1667040.1
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It is further agreed that this Agreement is a product of mutual drafting efforts by both the
City and the Applicant and, accordingly, the rule that ambiguities in a document shall be
construed against the drafter of the document shall have no application to this Agreement. In
construing and interpreting this Agreement, the finder of fact shall give effect to the mutual
intention of the City and the Applicant, notwithstanding such ambiguity, and may refer to the
facts and circumstances under which this Agreement is made and such other extraneous evidence
as may assist the finder of fact in ascertaining the intent of the City and the Applicant.
21. Severability. If any term or provision of this Agreement is found to be invalid or
unenforceable, the City and the Applicant both agree that they would have executed this
Agreement notwithstanding the invalidity of such term or provision. The invalid term or
provision may be severed from the Agreement and the remainder of the Agreement may be
enforced in its entirety.
22. Headings. The headings of each Section of this Agreement are for the purposes
of convenience only and shall not be construed to either expand or limit the express terms and
language of each Section.
23. Representations of Authority. Each party signing this Agreement on behalf of a
party which is not a natural person hereby represents and warrants to the other party that all
necessary legal prerequisites to that party's execution of this Agreement have been satisfied and
that he or she has been authorized to sign this Agreement and bind the party on whose behalf he
or she signs.
24. Notices. Notices required under this Agreement shall be sent to the following:
If to the City:
City of San Jacinto
213 E. Main Street
San Jacinto, CA 92583
Attention: City Manager
Facsimile No. (909) 654-3728
If to the Applicant: Company
Attention:
Facsimile No.
Notices given pursuant to this Agreement shall be deemed received as follows:
(i) If sent by United States Mail - five (5) calendar days after deposit into the
United States Mail, first class postage prepaid.
(ii) If by facsimile - upon transmission and actual receipt by the receiving
party.
-R VPUBU SB1667040. I
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(iii) If by express courier service or hand delivery - on the date of receipt by
the receiving party.
The addresses for notices set forth in this Section 24 may be changed upon written notice
of such change to either the City or the Applicant, as appropriate.
25. Days. Unless otherwise specified to the contrary, "days" in this Agreement shall
mean calendar, not business, days.
Dated:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
APPROVED AS TO FORM:
Legal Counsel for Company
CITY OF SAN JACINTO
a Califomia municipal corporation
(the "City")
By:
Mayor
COMPANY, a corporation
By:
Authorized Agent
-RVPUMS131667040.1
-8-
Exhibit "A"
Legal Description of the Property
-RVPUBUSB\667040.1
-RVPUBUSB1667040. I
Exhibit "B"
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Exhibit "C"
-RVPUBUSB1667040.1
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Exhibit "D"
-RVPUBUSB1667040.1
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Exhibit "E"
-RVPUBUSB1667040.1
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AGENDA ITEM 4.5
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: City Attorney and Community Development Director
SUBJECT: Local CEQA Guidelines Amendment
RECOMMENDATION:
Take the following action in the order listed:
1. Adopt Resolution of the City Council of the City of San Jacinto, California Amending
the City's Local Guidelines for Implementing the California Environmental Quality
Act (Pub. Resources Code § 21000 et seq.)
BACKGROUND:
The City's Development Code provides that conditional use permits are to be adopted by
the Planning Commission, subject to "ratification" by the City Council. Generally, planning
decisions are either decided by the Planning Commission (subject to appeal to the City
Council) (i.e., tentative maps, variances), or are recommendations by the Planning
Commission to the City Council (i.e. General Plan or zoning amendments). CEQA requires
the review and approval of an environmental review document prior to the final approval of
a project. The "ratification" language of the Development Code could be interpretted in two
equally plausible manners: (1) that a project subject to a CUP is approved by the Planning
Commission (subject to a sort of "appeal" by the City Council at the time of ratification), or
(2) that a project subject to a CUP is being recommended by the Planning Commission for
or against approval, with the ultimate decision by the City Council.
Although each interpretation would be a reasonable one, by authorizing the Planning
Commission to review the environmental review document concurrently with the underlying
project, it is more likely that a well-informed decision can be reached. This is because the
same hearing body is reviewing all of the information together.
An alternative interpretation would involve the City Council reviewing and approving the
environmental review document, and then having the Planning Commission review the
underlying project. This separation of functions could be inefficient since it involves three
steps (approval of CEQA document by the City Council, review of the CUP by the Planning
Commission, ratification of CUP by City Council).
Page 1 of 2
S:\jsb\San Jacinto\Reso Delegating CEQA Authority Staff Report.doc
Another alternative would be for the Planning Commission to recommend to the City
Council both the underlying project and its environemental review document. However,
this could result in new issues being raised before the City Council that were not raised
before the Planning Commission. This could reduce the ability of the City and the project
proponent to respond with project changes that improve the quality of the project.
It should also be noted that the proposed resolution retains the ability of persons to appeal
decisions of the Planning Commission (including the decision concerning the
environmental review document) to the City Council, as well as the authority of the City
Council to act on the CUP pursuant to the ratification authority contained within the City's
Development Code.
Based on these reasons, City staff recommends that the City Council adopt the
accompanying resolution, clarifying that the Planning Commission has the authority to
approve environmental review documents, subject to appeal to the City Council.
JUSTIFICATION:
The adoption of this resolution is necessary in order to clarify the role of the Planning
Commission in the review of environmental review documents and ensure the proper
review of such documents in connection with their underlying projects.
BUDGETARY IMPACT:
The approval of this resolution will likely have no budgetary impact.
ATTACHMENTS:
Resolution
Resolution of the City Council of the City of San Jacinto, California Amending the
City's Local Guidelines for Implementing the California Environmental Quality Act
(Pub. Resources Code § 21000 et seq.)
Page 2 of 2
S:\jsb\San Jacinto\Reso Delegating CEQA Authority Staff Report.doc
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, AMENDING THE CITY'S LOCAL GUIDELINES
FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (PUB. RESOURCES CODE § 21000 ET SEQ.)
WHEREAS, on or about May 15, 2003, the City of San Jacinto ("City") City
Council approved Resolution No. 2431 adopting the "Local Guidelines for Implementing
the California Environmental Quality Act ["CEQA"] (2003 Revision)" (hereafter "Local
CEQA Guidelines"); and
WHEREAS, the City's Planning Commission has been authorized to hear,
consider and adopt conditional use permits, subject to ratification by the City Council;
and
WHEREAS, the City Council desires to revise its Local CEQA Guidelines
regarding authority to approve certain environmental review documents, pursuant to the
provisions in the State CEQA Guidelines; and
WHEREAS, it is the intent of this Resolution provide that the Planning
Commission possesses the authority to approve certain environmental review
documents under CEQA, including, without limitation, the authority to adopt negative
declarations and mitigated negative declarations, to certify environmental impact reports
and to make required findings in connection therewith, all subject to appeal of such
decisions to the City Council; and
WHEREAS, by authorizing the Planning Commission to review and approve
environmental review documents under CEQA, the same hearing body that reviews the
underlying project will be able to review the environmental review document associated
with that project; and
WHEREAS, by authorizing the Planning Commission to review and approve
environmental review documents under CEQA, members of the public will be better
able to present issues of concern to the body hearing the underlying project and have
those issues addressed by the City and project proponents, since such issues of
concern will be addressed at an earlier stage of the development process; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
RVPUBUSB1667109.1
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City
Council of the City of San Jacinto:
SECTION 1. Incorporation of Recitals. The City Council hereby finds and
determines that the Recitals of this Resolution are true and correct
and are hereby incorporated into this Resolution as though fully set
forth herein.
SECTION 2. Approval. In accordance with the definition of "Approval" contained
in State CEQA Guidelines Section 15352, the City Council amends
Section 10.02 of its Local CEQA Guidelines to read as follows:
"10.02'Approval' means a decision by the decision making body or
other authorized body or officer of the City that commits the City to
a definite course of action with regard to a particular project. With
regard to any project to be undertaken directly by the City, approval
shall be deemed to occur on the date when the decision making
body makes its determination to proceed with the project, which in
no event shall be later than the date of adoption of plans and
specifications. As to private projects, approval shall be deemed to
have occurred upon the earliest commitment to provide service or
the issuance by the City of a discretionary contract, subsidy, or
other form of financial assistance, lease, permit (including, without
limitation, the approval by the Planning Commission of any
conditional use permit), license, certificate, or other entitlement for
use of the project. The mere acquisition of land by the City shall
not, in and of itself, be deemed to constitute approval of a project.
When a non -elected authorized body or officer of the City, as the
decision making body, makes a decision to approve a project, that
decision may be appealed to the City's elected decision -making
body (i.e., City Council) by any interested person. For purposes of
these Guidelines, the setting of a hearing by the City Council
pursuant to Section 17.05 of the San Jacinto Development Code
(relating to ratification of conditional use permits) shall constitute an
appeal of the underlying CEQA environmental review document."
SECTION 3. Decision -Making Body. In accordance with the definition of
"Decision -Making Body" contained in State CEQA Guidelines
Section 15356, the City Council amends Section 10.09 of its Local
CEQA Guidelines to read as follows:
"10.11'Decision-Making Body' means the officer (i.e., City Manager
or his or her designee) or body within the City (i.e., City Council or
Planning Commission) with final approval authority over the
particular project. (See Guidelines Section 10.02.) For purposes of
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RVPUBUSB1667109.1
vote
these Guidelines, the Planning Commission shall be deemed to be
the Decision -Making Body for purposes of approving conditional
use permits."
SECTION 4. Appeal/ Ratification. Nothing contained in this Resolution shall be
deemed to limit the ability of a person to appeal a decision of the
Planning Commission pursuant to any other provision of the San
Jacinto Municipal Code, or as otherwise provide by law.
Furthermore, nothing contained in this Resolution shall be deemed
to limit the ability of the City Council to act pursuant to its authority
to ratify a conditional use permit or set such a matter for public
hearing pursuant to the San Jacinto Development Code.
SECTION 5. Effective Date. This Resolution shall become effective upon its
adoption.
APPROVED and ADOPTED, this 19th day of February, 2004, by the following
Ayes:
Nays:
Absent:
Abstain:
City of San Jacinto
by Jim Ayres, Mayor
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
City Attorney
R V PUBU SB1667109.1
AGENDA ITEM 4.(
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Robert W. Hargreaves, Special Counsel for Water Matters
SUBJECT: Approval of "Final" Principles for Water Management
RECOMMENDATION:
Discuss and ratify committee's approval of "Final" Principles for Water Management.
BACKGROUND:
At the meeting of July 15, 2003, the City Council approved the "Interim Principles for
Water Management". The Interim Principles is a non -binding statement of general
principles that will serve as the basis for a more comprehensive water management
plan and a settlement agreement and stipulated judgment with respect to Saboba tribal
claims.
In the Interim Principles, the rights of the agricultural pumpers were not clearly defined.
Over the last six months, the Groundwater Management Policy Committee has worked
with agricultural groups to develop an interim principle (No. 7), that is acceptable both to
the agricultural pumpers and the Policy Committee. Additionally, several non -
substantive changes have been made to the Interim Principles.
With respect to the agricultural pumpers, the "Final" Principles provide for three different
levels of voluntary participation:
1) "Non -Participants": These pumpers shall continue to exercise whatever
water rights they may hold under California law unaffected by the
Management Plan;
2) "Class A Participation": These participants acknowledge the existence
of the plan, allow their wells to be monitored, and can vote for and/or be
elected to serve as a private pumper representative on the Management
Plan's Governing Board. Class A Participants have the right to convert to
Class B Participation (below) within three years after the effective date of
the Management Plan;
Page I of 2
3) "Class B Participation": These participants must limit their average
annual pumping to the pumper's average annual production during the
calendar years 1995 through 1999, allow his or her wells to be monitored,
and are eligible for and/or be elected to the Management Plan's
Governing Board. Upon conversion of Class B Participant's land from
agricultural use to a development use, the public agency serving the
development will credit the pumper's adjusted production right towards
any water supply assessment requirements, or capital impact fees. Also,
a Class B Participant is eligible to enter into a conservation contract with
the Management Plan, through which the Class B Participant agrees to
measures that will conserve water, which the Management Plan will then
purchase.
The "Final" Interim Principles for Water Management have been approved unanimously
by the Policy Committee. The Policy Committee has asked that the governing board of
each public agency approve the "Final" Principles. The "Final" Principles remain non-
binding, but will serve as the basis for drafting a more comprehensive water
management plan, which will need to be approved by the public agencies. .
JUSTIFICATION:
The Hemet/San Jacinto Groundwater Basin is in serious need of a comprehensive
management plan to address the current significant overdraft, future growth, and
Saboba tribal claims. If the public agencies that use the basin are unable to mutually
agree to a satisfactory plan, all will likely be embroiled in lengthy and costly litigation
regarding water rights. The "Final" Principles for Water Management offers a fair basis
for implementing a comprehensive water management plan.
BUDGETARY IMPACT:
Approval of the "Final" Principles will not have an immediate budgetary impact. Once
the management plan is drafted and approved, base water assessments will initially
cost approximately $100,000 per year. As San Jacinto's water usage grows, base
production and recharge assessments will increase in amounts that are difficult to
predict at this time. Prior to implementation of the water plan, San Jacinto will be asked
to contribute approximately $12,000 per year as its share of a well monitoring program.
That program has already been approved by a separate council action.
ATTACHMENTS:
The Final Principles for Water Management.
Page 2 of 2
PRINCIPLES FOR WATER MANAGEMENT
1. Water Management Plan. These Principles, approved by the
appropriate authority of each party, are intended to form the basis from
which the parties will develop a Water Management Plan ("Management
Plan") for the area described in Section 2. The Management Plan is being
developed to ensure an adequate and reliable source of future water supply.
The Management Plan is also intended to facilitate and accommodate a
settlement of the claims of the Soboba Band of Luiseno Indians ("Soboba
Tribe").
2. Management Area. The area included in the Management Plan
consists of the Canyon Sub -basin and the San Jacinto Upper Pressure Sub -
basin, downstream to Bridge Street, and the Hemet Basins ("Management
Area"). The Management Area is shown upon the attached map.
3. Pumpers within the Management Area. The primary pumpers
within the Management Area are: Eastern Municipal Water District
("Eastern"), Lake Hemet Municipal Water District ("Lake Hemet"), City of
San Jacinto ("San Jacinto"), and City of Hemet ("Hemet") (individually
RVLIT',GT'654952. I
"Public Agency," collectively "Public Agencies"); the Soboba Tribe (not a
Management Plan participant); and approximately 62 individual agricultural
and other private pumpers who pump more than 25 acre-feet per year
("Private Pumpers").
4. Goals. The parties agree that the Management Plan shall
incorporate and serve to implement the following goals:
A. Allowing for Future Urban Growth. The parties
acknowledge that the Management Area will continue to experience
residential, commercial, and industrial growth and development, and that
existing water production and service systems will need to be expanded to
meet this growth. It is estimated that at least 15,000 afy incremental water
supply capacity over the existing base production rights of the Public
Agencies must be dedicated to adequately serve this growth. The
Management Plan should serve and provide a clear planning process so that
each affected Public Agency will be able to meet these projected growth
needs.
RVLIT\GTY54952. I
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B. Water Quality Protection. Implementation of the
Management Plan should protect and/or enhance Management Area water
quality. However, implementation of certain elements of the Management
Plan may cause limited localized water quality degradation. If such
degradation impedes the then current beneficial use of any Public Agency in
the Management Area, the Watermaster described in Section 22
("Watermaster") shall implement appropriate mitigation measures to ensure
water supply to the affected Public Agency and bear the associated costs.
The standards for local water quality degradation shall be defined in the
Management Plan.
C. Cost -Effective Management. The Management Plan
should serve to support the pursuit of cost-effective water supply and water
treatment by the Public Agencies, both individually and collectively.
D. Overdraft. The groundwater levels within the
Management Area have generally been declining for a number of years, and
the Management Area is presently in a condition of overdraft. It is
recognized that the Management Plan will, within a reasonable period,
eliminate groundwater overdraft and enhance operational yield by
RVLIT\GT'654952.1
implementing a combination of available water resources management
elements. These elements include: reduction in native groundwater
production; enhanced recharge with native, imported and/or recycled water;
development of supplemental supplies such as imported and recycled water;
and water conservation programs.
E. Monitoring. The Watermaster shall implement a
monitoring program to ensure the Management Plan activities follow best
management and engineering principles to protect Management Area water
resources.
Public Agencies Base Production Rights.
A. The base production rights of Eastern, Lake Hemet and
Hemet in the first year of the Management Plan shall be based upon their
average production for calendar years 1995-1999. This period was chosen
to reflect these Public Agencies' recent pumping, and shall determine their
base production rights.
RVLIT\Gi`654952.1
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B. The base production right of San Jacinto in the first year
of the Management Plan, shall be based upon its average production for
calendar years 1995-1999, plus 500 afy. The 500 afy is added because San
Jacinto's recent production does not reflect its historic production because of
water purchases and other factors.
C. Pursuant to Section 21 below, for the life of the
Management Plan, Hemet and San Jacinto shall each add an additional 900
afy to their base production rights. The additional 900 afy shall not be
subject to reduction by the Watermaster as provided in Section 5.D and
shall not be subject to any Administrative or Replenishment Assessments as
provided in Section 6, or other fee or charge imposed under the Management
Plan.
D. It is the goal of the Management Plan to adjust base
production rights over time to a level consistent with the Watern aster=s
calculation of the Public Agencies' share of safe yield for the Management
Area. Based on current information, it appears that the total reduction in
base production rights will need to be approximately 35%. The ultimate
reduction will be based on periodic demand, hydrology, recharge and
RVLIT Gr654952. I
-5-
availability of imported water. In order to implement this reduction in a
phased manner, each Public Agency's base production rights shall be subject
to adjustment as follows:
(1) A 10% reduction from the base production rights
in the first year of the Management Plan; and
(2) Until base production rights are consistent with the
Public Agencies' share of safe yield, Watermaster shall determine the
reductions in base production rights in each subsequent year of the
Management Plan, to achieve this goal within 6 years of approval of the
Management Plan. Each reduction shall not be more than 10% of the base
production right of the prior year.
(3) Pursuant to Section 7(A)(2)(b), upon conversion of
a Class B Participant's land from agricultural to a use that requires water
service from a Public Agency, the Public Agency shall receive an increase in
its base production rights equal to the adjusted base production right of the
Class B Participant.
RVLIT\GT`654952. I
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6. Public Agency Production Assessments. The Public Agency
production will be subject to the following assessments:
A. An Administrative Assessment on each acre-foot pumped
by a Public Agency up to its adjusted base production right. The parties
contemplate that the Administrative Assessment will be $50.00 per acre-foot
of water pumped in the first year of the Management Plan, and that such
amount will thereafter be set by the Watermaster.
B. A Replenishment Assessment on each acre-foot pumped
by a Public Agency in excess of its adjusted base production right equal to
the cost of providing a like quantity of supplemental water to recharge the
Management Area, including recharge losses. Pumping by a Public Agency
in excess of its adjusted base production right in order to meet increasing
demands is expected and permissible, provided that such excess extractions
shall be subject to the Replenishment Assessment. The costs of providing a
like quantity of supplemental water shall include the costs of water, O&M
costs of the replenishment system, capital recovery and other administrative
costs. Currently, the total of these cost items is estimated to be in the range
RV LIT',GP654952.1
of $300 to $400 per acre-feet; the actual amount will reflect the costs at the
time incurred.
7. Private Pumpers Water Rights. The Public Agencies recognize
the overlying water rights of the Private Pumpers, and do not intend to take
or adversely impact these rights without an agreement with the owner of
such rights. The Management Plan will lay out alternatives for the retention,
protection, or transfer of such rights, leaving selection of the alternative to
the individual overlying water rights owner. A Private Pumper can elect not
to participate in the Management Plan and not to formally acknowledge its
existence. Such Pumpers shall be referred to herein as "Non -Participants";
such Pumpers shall continue to exercise whatever water rights they may hold
under California law unaffected by the Management Plan. There is no intent
to affect water use that is consistent with the historical use of the Private
Pumpers. However, other pumpers under the Management Plan do not
waive their rights to challenge new or expanded water rights. Non -
Participants will not have the option of joining the program at a later date.
The alternatives available to participants are as follows:
RVLIT GT`654952. I
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A. (1) Class A Participation. A Private Pumper can elect
to sign a written agreement acknowledging the existence of the Management
Plan. Such Pumper shall be a Class A Participant and shall be entitled to
vote for and/or be elected to serve as the Private Pumper representative on
the Management Plan's governing board or body described in Paragraph 22
below, but shall not otherwise be required to participate in the Management
Plan implementation. A Class A Participant may, without any financial
assessment by the Watennaster, pump from his/her/its property within the
Management Area the amount of water that can be put to reasonable and
beneficial use on the Pumper's land as may be authorized under California
law. Class A Participants shall have the right to convert to Class B
Participation during a grace period that shall end three (3) years after the
effective date of the Management Plan, as approved by a judgment of the
Superior Court for Riverside County, upon payment of the total assessments
the Pumper would have paid had the Pumper elected to be a member of
Class B from the outset, plus interest.
(2) Class B Participation. A Private Pumper can
become a Class B Participant by electing to limit annual pumping to the
Pumper's average annual production during the calendar years 1995 through
RVLIT GP654952.1
-9-
1999 and to pay replenishment assessments on amounts in excess of that
average annual production. A Class B Participant shall enjoy the following
benefits of Plan Participation:
a. Vote for and/or be elected to serve as the
Private Pumper's representative on the Management Plan's Governing
Board;
b. Upon conversion of Pumper's land from
agricultural use to a use that requires water service from a participating
Public Agency, Public Agency shall credit to the extent legally permissible,
Pumper or Pumper's successor-in-interest's adjusted production right, using
the formula in Section 5 towards satisfaction of any requirement then in
effect for water supply assessment requirements. Furthermore, Pumper or
Pumper's successor -in -interest shall be given a credit for Pumper's adjusted
production right using the formula in Section 5 towards any fees associated
with water supply that the Public Agency may then have in effect. The
Public Agency serving the converted land shall receive a credit to its
production right as set forth in Section 5.
RVLIT G'654952.I
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c. To the extent the Pumper's land is not
covered under Section 7(A)(2)(b), Pumper will be eligible to enter into a
contract with the Management Plan, or a participating Public Agency, to sell
for a defined period of time some portion of Pumper's adjusted production
right, under terms and conditions mutually agreed upon by the Pumper and
the Management Plan. Criteria used in consideration of such contract shall
include:
(i) Management Plan's need to acquire
additional water supplies to address Basin overdraft and recovery;
(ii) Submission of a water conservation
plan, including use of in lieu water, by Pumper that will reasonably
guarantee conservation of water that would otherwise be produced from the
Basin;
(iii) Public policy considerations of local
government jurisdictions, including economic and land use impacts of
proposed water conservation plan.
R V LIT IGT'654452. I
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B. In -Lieu Water Use. In the event a Private Pumper (or
successor) receives recycled and/or imported water from a Public Agency to
serve an overlying use in place of groundwater, or otherwise engages in an
in -lieu program, the overlying water right of the Private Pumper (or
successor) shall not be diminished by the receipt and use of such recycled
and/or imported water or by engaging in an in -lieu program.
C. Well Monitoring. To become a Class A or B Participant,
a Private Pumper shall authorize the metering of the Pumper's well(s) and
the collection of groundwater level and quality data, and the reading thereof
by Management Plan personnel. The metering and readng shall be at no
cost to the Pumper, and the Pumper shall receive copies of the reports and
information obtained upon request.
D. Future Production Participation. Any new Pumper after
the effective date of the Management Plan, as approved by a judgment of the
Superior Court for Riverside County, can only participate as a Class A
Participant as described in Section 7A(1).
RVLIT.Gr`654452. I
-12-
E. Replacement Wells. The redrilling of existing wells and
the drilling of new wells to replace existing wells will not be considered new
private production.
8. Capital Facilities. Each Public Agency shall continue to own
its existing capital facilities for water management. However, capital
facilities may be jointly constructed and owned by the Management Plan.
Joint financing of such facilities may be funded by regional capital fees,
loans and grants, contributions for storage by The Metropolitan Water
District of Southern California ("Metropolitan") or other third -parties, and
municipal bonds. Responsibility for the costs of any existing and future
capital facility of the Management Plan should be apportioned among the
Public Agencies based on relative benefit to be derived by each Public
Agency. Any of the participating Public Agencies may propose projects to
be included in the Management Plan to increase Management Area water
supply. Such proposals, after evaluation by the Watermaster, shall be
included or rejected. If the Watermaster chooses to reject the proposal, the
proposing Public Agency may implement the rejected project as long as it
does not significantly impact the implementation of the Management Plan
and/or interfere with the ongoing production by the Public Agencies.
RVLITGT1654952.1
-13-
9. Soboba Tribe's Water Rights. The Soboba Tribe's water rights
shall be determined as part of a settlement among the Soboba Tribe, the
United States, Eastern, Lake Hemet and Metropolitan. Major points of the
proposed settlement are:
A. The Soboba Tribe shall have a senior, prior right in the
Canyon and San Jacinto Upper Pressure Sub -basins of 9000 afy, but its use
shall be limited to a maximum of 4100 afy during the first 50 years after the
effective date of the settlement.
B. The Soboba Tribe shall have the right to purchase
replenishment water for use pursuant to the Principles of Settlement at the
Management Plan replenishment rate.
C. The Soboba settlement provides that, among other things,
Metropolitan will use its best efforts to deliver sufficient water to yield a 15-
year average of 7,500 afy to the Management Plan until 2035 at its long-
term interruptible rate (currently $233/af).
RVLIT\GTK54952.1
-14-
D. Subject to full funding of the settlement by the United
States, the Management Plan shall pay the Soboba Tribe $10 million.
E. The Management Plan will also pay the Soboba Tribe $7
million. A Public Agency's payment of its share of this amount is optional,
but in order to obtain the benefits of the low-cost Metropolitan water
delivered pursuant to the settlement, a Public Agency shall pay its share of
this amount.
F. The Management Plan will receive $10 million for
capital improvements from the United States, and all unused Soboba Tribe
water based on the Public Agency's participation in the payment in Section
9(E) above.
10. hnplementation of These Principles. These Interim Principbs
for Water Management shall be used by the parties as a basis for the
preparation of the Management Plan, and a stipulated judgment in a water
rights adjudication. As explained below, the Management Plan shall be
administered by the Watermaster. The Watermaster will be under the
continuing jurisdiction of the Court.
RVLIT'.GT\654952.1
-15-
11. Assessment Program. The assessment program contemplated
by the Management Plan shall be administered by the Watennaster subject
to the governance provisions herein. All payments shall be made to the
Watennaster and shall be maintained in a separate restricted fund. All
assessments shall be used exclusively to acquire imported, recycled or
Metropolitan water for the recharge of the Management Area, and for the
facilities and operational and administrative expenses associated with the
assessment and recharge programs. Subject to Management Plan approval,
assessments may also be used by affected parties to acquire and deliver
water for direct use by the parties, in lieu of pumping.
12. Replenishment Program. The replenishment program
contemplated by the Management Plan shall also be administered by the
Watermaster. The program shall include: the acquisition of supplemental
water supplies (including imported, recycled and Soboba Tribe water); the
expenditure of assessments; the recharge of the Management Area; and the
construction and operation of all necessary facilities, including but not
limited to, development of surface and sub -surface percolation and injection
facilities. Priority for replenishment will be based on an equitable
RVLIT'GT'654952. I
-16-
apportionment of available replenishment water among the sub -basins after
full consideration of: the Public Agency's participation in the payment in
Section 9(E) above; the Management Area conditions; water demands; the
availability of storage capacity to accommodate the recharge of natural
flows; the availability of appropriate conveyance facilities; and the
availability of replenishment or imported water. The Watermaster is
encouraged to take advantage of surplus imported water that occasionally
may be available at low cost, and to use available assessment funds to bank
such recharge against future pumping in excess of adjusted production
rights.
13. Rights to Groundwater. Groundwater in the Management Area
may occur from: natural recharge; spreading operations of natural flows;
replenishment with imported, recycled or Metropolitan water acquired with
assessment funds; or in -lieu recharge programs financed with assessment
funds. All such groundwater shall be available to support the pumping of
the parties as allowed herein, and shall not be the property of any individual
party, subject to the provisions of Section 14.
RVLIT `.GT'654952. I
-17-
14. Storage Rights. The parties recognize that unused storage
capacity exists in the Management Area, and the Management Plan
contemplates that this capacity will be managed conjunctively with available
imported and recycled water supplies. Subject to availability of the
Management Plan fund for assessments and unused storage capacity as
determined by Watermaster, the Management Area will be recharged and
water stored therein when such supplies are available, and drawn upon by
the Public Agencies in dry years when such supplemental water supplies
may not be available. In addition, unused storage capacity as determined by
Watermaster may be used for "put and take" operations of recycled or
imported water that is paid for by any party to the Management Plan
provided that:
A. Such operations do not interfere with the rights of any
other pumper, or with the use of the storage capacity for recharge and
storage under the Management Plan;
B. Water available for recharge is purchased first, as
needed, for the Management Plan;
RVLIT :GT1654952.1
-18-
C. Later recovery of stored water shall exclude losses; and
D. Such recovered water may be used anywhere within the
service area of the party.
Any conjunctive use programs for the benefit of territory outside of the
Management Area shall be subject to the governance provisions herein. Any
storage, conjunctive use programs by third parties or in -lieu recharge
programs financed with assessment funds shall be subject to the governance
provisions herein.
15. Spreading Operations. The Public Agencies shall
independently or jointly operate their respective facilities to maximize the
existing spreading and recharge operations of natural flow in the
Management Area.
16. Recharge Water Quality. Consistent with Section 4(E) above
all water used to replenish any sub -basin in the Management Area shall meet
the Regional Water Quality Control Board requirements, and may be used in
any sub -basin where such requirements are met.
RVLIT\GT`654952.1
-19-
17. Recharge Losses. The accounting for storage recharge of the
Management Area shall not include any water that escapes therefrom and
migrates downstream beyond the Management Area. Losses will be
calculated based upon best engineering principles.
18. Recycled Water. The use of recycled water can be of
substantial benefit in providing additional water in the Management Area.
Each Public Agency may implement a recycled water program, including the
ownership, operation and construction of all necessary facilities, and the
application for and administration of any loan or grant applications. The
Management Plan will support to an or grant applications, and the Public
Agencies will work to integrate recycled water into the Management Plan to
the extent economically feasible while meeting regulatory standards.
Subject to existing recycled water contracts, the Management Plan will have
a first right of refusal to purchase excess recycled water for recharge.
Priority shall be given to Management Area recharge for the use of recycled
water which originates therefrom.
19. Export. The Public Agencies may export water outside the
Management Area, on a temporary basis, upon approval by the Watermaster.
RVLIT':GT654952. I
-20-
However, any water exported shall be replenished with an appropriate
amount of similar or better quality water as determined by Watermaster.
Also, water exports by the Public Agencies shall not interfere with the
Management Plan or any other Public Agency's operations. The
Management Plan will set forth the specific criteria for the export of water,
including, but not limited to, conjunctive use programs.
20. Credits. Recharge credits documented before the Management
Plan shall be calculated pursuant to the Management Plan. Future recharge
credits shall be established by replenish>nent of water or by not exercising
the full, adjusted base production right, and shall be calculated pursuant to
the Management Plan.
21. Tunnel Seepage, Stream Diversions, Fruitvale To resolve
Eastern=s use of Tunnel seepage, Lake Hemet's stream diversions and
Eastern's use of Fruitvale water, 900 afy shall be added to Hemet's adjusted
base production and 900 afy shall be added to San Jacinto's adjusted base
production right as discussed in Section 5 above. This is intended to provide
Hemet and San Jacinto a fair share of water from these disputed issues.
RVLIT'GTP654952.1
-21-
22. Governance. The Management Plan will be administered by a
Watermaster as follows:
A. The governing board of the Watermaster shall consist of
one elected official from each of the Public Agencies and one Private
Pumper representative selected by the Private Pumpers who participate in
the Management Plan. Each member shall have one vote.
B. The Watermaster's duties shall include: determining safe
yield; determining replenishment needs; determining annual adjusted base
production rights; purchasing and selling imported and recycled water;
constructing future capital facilities; establishing assessment rates; initiating
necessary conservation and drought management measures; and
implementing other responsibilities identified in the Management Plan
documents.
Dated: , 2003. EASTERN MUNICIPAL WATER
DISTRICT
RVLIT\GT654952.1
By:
-22-
Dated: , 2003. LAKE HEMET MUNICIPAL WATER
DISTRICT
By:
Dated: , 2003. CITY OF HEMET
By:
Dated: , 2003. CITY OF SAN JACINTO
RVLIT\GT'654952.1
By:
-23-
a
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, APPROVING PRINCIPLES OF WATER
MANAGEMENT
WHEREAS, the City of San Jacinto depends on groundwater from the
Hemet/San Jacinto Groundwater Basin for its domestic water supply; and
WHEREAS, the Hemet/San Jacinto Groundwater Basin is in a state of
overdraft, jeopardizing the longterm viability of the City's domestic water supply;
and
WHEREAS, the City of San Jacinto, the City of Hemet, Eastern Municipal
Water District, Lake Hemet Municipal Water District, and private pumpers have
undertaken a comprehensive groundwater planning process, the goal of which is
to ensure an adequate and reliable long term water supply; and
WHEREAS, the participants have jointly negotiated the "Principles of Water
Management" that is intended to provide the framework for a long range water
management plan.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the
City Council of the City of San Jacinto:
SECTION 1. Principles of Water Management: The Principles of Water
Management, attached hereto as Exhibit "A", are approved as the
basis for development of a water management plan, the goal of
which is to ensure an adequate and reliable source of future water
supply.
SECTION 2. Recharge Credits: The City's approval of the Principles of Water
Management is conditioned upon the understanding that the City will
receive full future recharge credits pursuant to Section 20 of the
Principals of Water Management.
SECTION 3. Effective Date: This Resolution shall become effective upon its
adoption.
Page 1 of 2
RM PU B\R W H1229996. I
APPROVED and ADOPTED this day of , 2004
by the following vote:
Ayes:
Nays:
Absent:
Abstain:
ATTEST:
Dorothy L. Chouinard, City Clerk
City of San Jacinto
by Jim Ayres, Mayor
Page 2 of 2
RMPUB\RWH1229996.1
AGENDA ITEM 4.
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Peter A. Cosentini, City Manager
SUBJECT: Funding Source to Paint City Hall
RECOMMENDATION:
It is recommended that the City Council put on hold the painting of City Hall and
direct the City Manager to review this capital request in the context of the budget
process.
BACKGROUND:
At the last City Council meeting, City Council directed staff to bring back funding
options for the painting of City Hall. Staff has researched the potential sources of
funding and criteria to determine the feasibility of the painting of City Hall. Staff
was not able to find restricted funds that allow the use of funds for this type of
work for City Hall. And as you know, general funds are limited and are
committed to fund essential public services to the community, and to support the
deficit spending that currently exists in the General Fund. Therefore, considering
the sensitivity of the general fund, staff recommends that Council does not use
unrestricted-undesignated general funds for this project, and place this project on
hold until the next budget process. In this way, the project can compete with
other needs of the City.
JUSTIFICATION:
The City Manager continues to recommend to the Council that general fund
reserves be spent conservatively.
BUDGETARY IMPACT:
Option to recommendation - If Council chooses to proceed with this project,
$5,000 would have to be allocated from the general fund.
City Manager:
Page 1 of 2
Finance Director:
ATTACHMENTS:
None
Page 2 of 2
AGENDA ITEM 5.1.1
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Bernie Simon — Finance Director
SUBJECT: Approve Warrant Register for Warrants, Prepaid Checks, and
Payroll Checks
RECOMMENDATION:
By motion, approve the warrant register for the warrants and prepaid items and
payroll checks issued since the last Council meeting, for the period ending
February 19, 2004
BACKGROUND:
The following are the warrant and check numbers for this cycle:
Warrant/Prepaid # s
Cycle Dates
Payroll Checks
Cycle Date
66492-66724
February 19, 2004
16320-16375
February 19,2004
Payroll information is available for Council review in the Finance Department.
JUSTIFICATION:
All warrants, pre -paid checks and payroll checks require Council approval.
BUDGETARY IMPACT:
Adequate funds have been budgeted to cover the subject expenses.
ATTACHMENTS:
1 — Detailed listing of invoices paid and warrant register.
Page 1 of 1
Approvalsls
City Manager: �``
Finance Director:
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66492
2/4/04
Eye care of america
REQUEST 2/2/04
REQUEST 2/2/04
REQUEST 2/2/04
Vision ins premium feb 04
Vision ins premium feb 04
Vision ins premium feb 04
085-0000-202.21-35
085-0000-202.21-36
065-0000-201.08-64
689.81
77.97
28.77
796.55
66493
2/4/04
Icma retirement trust
REQUEST 2/4/04
Jan 22, 2004
085-0000-202.21-29
125.00
125.00
66494
2/4/04
Pacificare of california
REQUEST 2/2/04
REQUEST 2/2/04
REQUEST 2/2/04
Health ins premium feb 04
Health ins premium feb 04
Health ins premium feb 04
085-0000-202.21-39
085-0000-202.21-40
065-0000-201.08-64
28,074.86
3,923.85
1,114.19
33,112.90
66495
2/4/04
Preferred benefit insurance admin.
REQUEST 2/2/04
REQUEST 2/2/04
Dental ins feb 04
Dental ins feb 04
085-0000-202.21-32
085-0000-202.21-31
3,712.64
60.87
3,773.51
66496
2/4/04
So. california edison co.
REQUEST 2/4/04
Utilities
050-9000-450.35-40
15,806.50
15,806.50
66497
2/4/04
So. california gas co.
REQUEST 2/4/04
REQUEST 2/4/04
REQUEST 2/4/04
REQUEST 2/4/04
REQUEST 2/4/04
REQUEST 2/4/04
REQUEST 2/4/04
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
010-2500-425.35-12
010-3100-431.35-12
010-6100-425.35-12
010-7400-425.35-12
021-4150-410.35-12
021-4150-410.35-12
010-6500-425.35-12
331.64
169.12
56.09
345.76
102.61
34.78
3.84
1,043.84
66498
2/4/04
Standard insurance, the
REQUEST 2/2/04
Feb 04 insurance prem
085-0000-202.21-46
5,355.83
5,355.83
66499
2/4/04
Toyota financial services
REQUEST 2/4/04
Lease 010712 67120
063-1700-410.40-45
516.12
516.12
66500
2/4/04
Toyota financial services
REQUEST 2/4/04
Lease 010712 67154
063-1700-410.40-45
516.12
516.12
66501
2/4/04
Verizon california
REQUEST 2/4/04
Telephone
010-2500-425.35-60
642.69
642.69
66502
2/4/04
Campbell, robed
REQUEST 2/4/04
Reimb installation fee
050-0000-310.07-96
400.00
400.00
66505
2/10/04
Calpers
REQUEST 2/05/04
Retire contb 2/5/04 type3
085-0000-202.21-28
23,250.62
23,250.62
66506
2/10/04
Chicago title company
REQUEST 2/10/04
Property acquisition
065-0000-201.08-60
17,582.66
17,582.66
66507
2/10/04
Colt defense Ilc
REQUEST 1/22/04
Tuition attn: k. southern
010-3100-431.31-20
375.00
375.00
66508
2/10/04
Hartford life insurance companies
REQUEST 2/05/04
Grp#109947 contb 2/5/04
085-0000-202.21-29
4,031.38
4,031.38
66509
2/10/04
Holbrook, christopher
REQUEST 1/7/04
Tuition reimbursment
010-2500-425.31-20
619.25
619.25
66510
2/10/04
Icma retirement trust
REQUEST 2/05/04
Def comp contb 2/5/04
085-0000-202.21-29
740.38
740.38
Panes 1
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66511
2/10/04
Lincoln life
REQUEST 2/05/04
Def comp contrb 2/5/04
085-0000-202.21-29
335.00
335.00
68512
2/10/04
Riverside, county of
REQUEST 2/05/04
REQUEST 2/05/04
Filing de minimis impact
Filing de minimis impact
010-1700-417.36-25
010-1700-417.36-25
64.00
64.00
128.00
66602
2/19/04
A-1 lock & key service
29762
Supplies
010-4150-410.33-50
19.31
19.31
68603
2/19/04
Al's kubota tractor
161512
161620
161463
Supplies
Supplies
Supplies
010-4150-410.21-80
010-4150-410.21-80
010-7100-410.33-30
13.45
35.00
10.00
58.45
66604
2/19/04
Alex towing
1120
Towing fees
010-3320-431.33-50
30.00
30.00
66605
2/19/04
All amercan sewer tools
41008
Supplies
055-4170-450.33-30
393.73
393.73
66606
2/19/04
Allen tire company
166797
Auto repair
010-3320-431.33-50
57.07
57.07
68607
2/19/04
American forensic nurses
17366
Analyisis
010-3100-431.34-05
181.00
181.00
66608
2/19/04
Anady's trophies
44017
Supplies
010-1700-417.21-10
15.89
15.89
66609
2/19/04
Andre landscaping service, inc.
18685
18692
18315
Maint billing jan 2004
Maint billing jan 2004
Oct 2003 maint
010-7100-410.34-05
301-8833-500.34-05
301-8833-500.34-05
25,971.32
1,100.00
1,100.00
28,171.32
66610
2/19/04
Aqua conserve, inc.
0004557
0004558
Supplies
Supplies
050-9000-450.33-30
050-9000-450.33-30
413.43
421.46
834.89
66611
2/19/04
Arrangement gallery florist, the
11/11/03
Veterans day flowers
010-2510-425.40-08
201.63
201.63
66612
2/19/04
At & t
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
1/9/04 6779
1/22/04 6478
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
010-2500-425.35-16
010-3100-431.35-16
010-7400-425.35-16
010-4150-410.35-16
050-9000-450.35-16
010-2500-425.35-16
025-7252-410.35-16
010-6100-425.35-16
010-2500-425.35-16
010-2500-425.35-16
847.26
887.01
23.76
57.20
57.20
337.77
23.16
3.83
70.60
22.12
2,329.91
Pane 9
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66613
2/19/04
B & w pipe & supply
62442
62444
62449
Supplies
Supplies
Supplies
010-7100-410.33-30
010-7100-410.33-30
010-7100-410.33-30
234.51
-90.06
-35.44
109.01
66614
2/19/04
Best best & krieger Hp
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
12/31/2003
12/31/2003
12/31/2003
12/31/2003
12/31/2003
12/31/2003
1/31/2004
1/31/2004
1/31/2004
1/31/2004
1/31/2004
1/31/2004
1/31/2004
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional servcies
Professional servcies
Professional servcies
Professional servcies
Professional servcies
Professional servcies
Professional servcies
096-1111-411.30-90
050-1111-411.30-90
010-1111-411.30-90
026-7511-410.30-91
026-7510-410.30-91
026-7512-410.30-91
102-1400-500.30-90
065-0000-201.08-10
065-0000-201.08-60
200-8850-450.30-90
096-1111-411.30-90
050-1111-411.30-90
010-1111-411.30-90
065-0000-201.08-10
065-0000-201.08-60
033-8850-450.30-91
096-1111-411.30-90
050-1111-411.30-90
010-1111-411.30-90
026-7513-410.30-91
065-0000-201.08-10
065-0000-201.08-60
033-8850-450.30-91
9,419.98
4,312.46
24,091.02
980.94
1,900.57
61.31
122.62
8,630.51
909.35
1,117.72
1,628.83
2,842.96
17,862.25
8,028.82
502.85
4,546.77
5,830.05
6,241.80
29,259.53
135.00
860.00
743.00
269.15
130,297.49
66616
2/19/04
Bowman signs
1936
Supplies
010-3300-431.21-10
152.33
152.33
66617
2/19/04
Business bank of california
REQUEST 1/30/04
Progress payment # 15
054-0000-101.11-15
3,666.00
3,666.00
66618
2/19/04
Business press, the
2/5/04 B039809
Subscription
010-1700-417.21-10
108.00
108.00
Panes
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66619
2/19/04
C.m. de crines & co., inc.
186
Professional servcies
065-0000-201.08-13
1,653.75
1,653.75
66620
2/19/04
Ca. municipal treasurer's assc
16745
16745
Membership dues
Membership dues
010-1410-414.30-16
010-1400-414.30-16
60.00
60.00
120.00
66621
2/19/04
Castellano's towing & recovery
45625
Towing fees
010-3100-431.33-50
45.00
45.00
66622
2/19/04
Ced consolidated electrical
2903-425456
2983-425357
Supplies
Supplies
025-7260-410.21-30
050-9000-450.33-30
54.68
76.90
131.58
66623
2/19/04
Christie steel fabrication
9467
Supplies
056-4150-410.33-50
7.00
7.00
66624
2/19/04
Ciernia, James r.
REQUEST 2/5/04
Refund
010-0000-308.06-04
2,686.00
2,686.00
66625
2/19/04
Comserco
01/MA50211531
01/MA50211530
Maint billing 2/1to 2/29
Maint bill 2/1 to 2/29/04
010-3100-431.34-05
050-9000-450.34-05
542.75
86.10
628.85
66626
2/19/04
Comtronix of hemet
40813
40849
Supplies
Supplies
010-3100-431.33-50
010-3100-431.34-05
121.08
240.00
361.08
66627
2/19/04
Costco - temecula
1/19/04
1/19/04
1/19/04
Supplies
Supplies
Supplies
010-2500-425.21-10
010-1210-412.21-10
010-1200-412.21-10
115.66
102.25
12.80
230.71
66628
2/19/04
Cutting edge staffing
15689
15689
15605
15605
15735
15735
15735
15779
15779
15779
Temp employees
Temp employees
Temp employees
Temp employees
Temp employee
Temp employee
Temp employee
Temp employee
Temp employee
Temp employee
010-3300-431.30-90
010-7100-410.30-90
010-3300-431.30-90
010-7100-410.10-04
010-7100-410.10-04
010-3300-431.30-90
102-1400-500.10-04
010-7100-410.10-04
010-3300-431.30-90
102-1400-500.10-04
2,600.10
548.28
1,850.10
426.44
548.28
2,597.00
586.08
548.28
3,024.29
504.68
13,233.53
66629
2/19/04
Cwea specialty conference
REQUEST 2/9/04
Registration conference
055-4170-450.31-20
135.00
135.00
66630
2/19/04
Dell computers
626220462
623472124
Hardware
Computer systems
050-1400-414.40-45
010-3300-431.40-45
5,008.65
3,650.26
8,658.91
Pane b
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66631
2/19/04
Deluxe business forms & supplies
13449735
Office supplies
010-1400-414.21-10
2,043.02
2,043.02
66632
2/19/04
Dewey's electric
1/28/04
2/5/04
Services rendered
Services rendered
010-3100-431.21-10
010-2500-425.33-10
95.00
265.40
360.40
66633
2/19/04
E.s. babcock & sons, inc.
AA41672-0278
AA41591-0278
AA41282-0278
Analysis
Analysis
Analysis
050-9000-450.33-30
050-9000-450.33-30
050-9000-450.33-30
60.00
60.00
48.00
168.00
66634
2/19/04
Eastern municipal water district
1/20/04 8985903
1/21/04 7889302
1/21/046670302
1/21/04 9408802
1/21/04 9574602
1/21/04 9406902
1/21/049407002
1/22/04 9406702
1/22/04 9626704
1/22/04 9451303
1/22/041479860
1/13/04 8137703
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7100-410.35-10
025-7251-410.35-10
36.45
8.37
284.13
78.66
56.46
11.43
12.55
8.37
119.11
334.55
8.37
469.83
1,428.28
66635
2/19/04
Edwards, trina
REQUEST 2/9/04
Reim water dep# 20019113
050-0000-229.08-70
98.25
98.25
66636
2/19/04
Empire homes
REQUEST 2/9/04
Reim water dep# 27416
050-0000-229.08-70
55.06
55.06
66637
2/19/04
Employment development departrr
3/18/04
Seminar attn: c. bohn
010-1400-414.31-20
15.00
15.00
66638
2/19/04
Essco
6708
Supplies
055-4170-450.33-30
358.11
358.11
66639
2/19/04
Excel steam
2135
Maint for jan 2004
010-3100-431.33-10
625.00
625.00
66640
2/19/04
Family sport & fitness
89
89
89
89
89
89
February 2004
February 2004
February2004
February2004
February 2004
February 2004
010-1110-411.11-10
010-1200-412.11-10
010-1400-414.11-10
010-1700-417.11-10
010-3300-431.11-10
010-4150-410.11-10
20.00
20.00
60.00
20.00
450.00
150.00
810.00
P2no
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66640...
2/19/04...
Family sport & fitness...
89
89
89
89
89
89
February 2004
February 2004
February 2004
February 2004
February 2004
February 2004
010-4200-410.11-10
010-7100-410.11-10
010-7400-425.11-10
085-0000-202.21-76
096-1700-417.11-10
099-1700-417.11-10
10.00
10.00
10.00
30.00
20.00
10.00
810.00...
66641
2/19/04
Federal express
1-637-71499
1-584-23210
Postage
Postage fees
010-2500-425.21-10
050-1400-414.21-10
9.88
21.16
31.04
66642
2/19/04
Fleet services
PO000000342
PO000000342
PO000000342
PO000000342
PO000000342
PO000000342
PO000000342
PO000000342
PO000000342
November 2003
November 2003
November 2003
November 2003
November 2003
November 2003
November 2003
November 2003
November 2003
010-1200-412.33-50
010-1400-414.21-10
010-3100-431.21-70
010-1700-417.21-70
010-3300-431.21-70
010-4150-410.21-70
010-7100-410.21-70
050-9000-450.21-70
010-3320-431.21-70
22.12
39.55
3,448.59
40.01
57.79
360.80
323.16
595.09
62.85
4,949.96
66643
2/19/04
Flowers, Iinda
REQUEST 2/9/04
Reim water dep# 90023048
050-0000-229.08-70
36.27
36.27
66644
2/19/04
Garcia, nancy
REQUEST 2/9/04
Reim water dep# 20008016
050-0000-229.08-70
31.01
31.01
66645
2/19/04
Gaudet design group
732
741
750
Professioinal services
Professioinal services
Professioinal services
010-6500-425.34-05
010-6500-425.34-05
010-6500-425.34-05
2,544.25
5,000.00
5,196.00
12,740.25
66646
2/19/04
Genesis construction
REQUEST 1/30/04
REQUEST 1/30/04
Progress payment # 15
Progress payment # 15
054-9000-450.40-01
054-0000-210.20-25
36,660.00
-3,666.00
32,994.00
66647
2/19/04
Gfb-friedrich & assoc., inc.
0401-31
0401-31
0401-31
0401-26
0401-31
Professional services
Professional services
Professional services
Professional services
Professional services
025-7250-410.30-90
025-7251-410.30-90
025-7252-410.30-90
102-1400-500.30-90
025-7260-410.30-90
282.96
42.22
83.57
1,250.39
260.25
4,179.39
Pnnu R
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66647...
2/19/04...
Gfb-friedrich & assoc., inc....
0401-29
0401-27
0401-27
Professional services
Professional services
Professional services
026-7518-410.30-92
026-7516-410.30-92
026-7517-410.30-92
120.00
1,840.00
300.00
4,179.39...
66648
2/19/04
Global industrial equipment
54010773
Supplies
102-1400-500.40-45
1,240.74
1,240.74
66649
2/19/04
Great pacific equipment, inc.
14753
Supplies
010-4150-410.33-50
101.41
101.41
66650
2/19/04
Hdl software, Ilc
8953-IN
Jan -mar 2004 property tax
010-2500-425.30-90
2,700,00
2,700.00
66651
2/19/04
Hemet heating & cooling
1/5/04
Supplies
010-6500-425.34-05
43.10
43.10
66652
2/19/04
Hemet rubber stamp
41406
41406
Supplies
Supplies
010-3320-431.21-10
010-1700-417.21-10
27.15
33.14
60.29
66653
2/19/04
Hemet valley pipe & supply
81406
81321
81270
Supplies
Supplies
Supplies
010-7100-410.33-30
010-7100-410.33-30
010-7100-410.33-30
22.57
1.94
1.23
25.74
66654
2/19/04
Hemet valley tool & supply
66511
Supplies
055-4170-450.33-30
55.98
55.98
66655
2/19/04
Hi -way safety
35423
Suppplies
022-4150-410.40-01
158.93
158.93
66656
2/19/04
Horizon water
1/26 CITY
12/23/03
1/26/04 VIRGINA
12/23/03
12/23 POLICE
01/26 POLICE
Supplies
Office supplies
Supplies
Supplies
Supplies
Supplies
010-2500-425.21-10
010-2500-425.21-10
010-2500-425.34-05
010-2500-425.34-05
010-3100-431.35-10
010-3100-431.35-10
41.50
34.60
48.50
27.70
107.00
134.60
393.90
66657
2/19/04
Inland foundation eng. inc.
7826
7828
December 2003
December 2003
054-9000-450.40-01
054-9000-450.40-01
3,235.00
917.50
4,152,50'
66658
2/19/04
Inland water works supply co.
133922
Supplies
050-9000-450.33-30
75.26
75.26
66659
2/19/04
International institute of
17150
Membeship dues 3/31/2005
010-1110-411.30-16
135.00
135.00
66660
2/19/04
J & r concrete prod. inc.
18585
Supplies
050-9000-450.33-30
562.99
562.99
66661
2/19/04
Jobs available
403080
Advertisment
010-1210-412.36-25
309.38
309.38
66662
2/19/04
Joe's sheet metal
12758
Supplies
010-3200-431.33-30
129.30
129.30
66663
2/19/04
Karl's tractor service
1/13/04
Weed abatement
105-3320-431.34-05
836.50
836.50
Pan? 7
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66664
2/19/04
La chemcial
269910
Supplies
050-9000-450.33-30
1,444.91
1,444.91
66665
2/19/04
Lancaster inspection services
04-03
Professional services
010-3300-431.10-04
2,888.00
2,888.00
66666
2/19/04
Lavin, robed a.
02-04
Superintendentjan 2004
010-4200-410.10-04
5,320.00
5,320.00
66667
2/19/04
Los angeles engineering
REQUEST 2/9/04
Reim water dep# 2727
050-0000-229.08-70
411.52
411.52
66668
2/19/04
Lsa associates, inc.
55161F
Professional services
010-1700-417.30-90
1,172.50
1,172.50
66869
2/19/04
Main street realty
REQUEST 2/9/04
Reim water dep# 40002195
050-0000-229.08-70
142.02
142.02
66670
2/19/04
Marroquin, jorge luis
REQUEST 1/5/04
Reimb water dep #50019038
050-0000-229.08-70
41.00
41.00
66671
2/19/04
Matt chlor inc.
90335
Supplies
050-9000-450.33-30
376.96
376.96
66672
2/19/04
Merrill, roark
REQUEST 2/9/04
Reim water dep# 10001019
050-0000-229.08-70
44.25
44.25
66673
2/19/04
Mickey ibarra & associates, inc.
193
Professional fees
010-2500-425.30-90
2,500.00
2,500.00
66674
2/19/04
Mission uniform services, inc.
17980950
17981969
17981972
17982991
17982994
Supplies
Uniform supplies
Supplies
Uniform supplies
Uniform supplies
010-7400-425.33-10
050-9000-450.21-35
010-4150-410.21-35
050-9000-450.21-35
010-4150-410.21-35
24.27
58.14
49.09
57.83
49.09
238.42
66675
2/19/04
Municipal management associatior
01190409
Membership dues
010-1200-412.31-20
50.00
50.00
66676
2/19/04
National business furniture
MC0828-WOD
Rack for magaznie
010-3300-431.21-10
169.97
169.97
66677
2/19/04
Neeley, carlo dwayne
REQUEST 2/9/04
REQUEST 2/9/04
Reimb water dep# 20014008
Overpay on acct# 20014008
050-0000-229.08-70
050-0000-308.09-10
50.00
26.40
76.40
66678
2/19/04
New world systems
100000024062
100000024063
Rendered services
Rendered services
060-3100-431.40-45
060-3100-431.40-45
393.64
210.12
603.76
66679
2/19/04
Nextel communications
STMT 1/19/04
Telephone
010-3100-431.34-05
664.46
664.46
66680
2/19/04
Overnight industrial
22378
Supplies
010-4150-410.21-35
16.11
16.11
66681
2/19/04
Pacific alarm svc., inc.
40394
Feb 2004
010-3100-431.21-19
26.00
26.00
66682
2/19/04
Perez, garcia rosalina
REQUEST 2/9/04
Reim water dep# 60024042
050-0000-229.08-70
67.40
67.40
66683
2/19/04
Perry, timothy alien
REQUEST 2/9/04
Reim water dep# 30001118
050-0000-229.08-70
112.31
112.31
66884
2/19/04
Pierce plumbing
30535
30539
Supplies
Supplies
010-7400-425.33-10
010-4150-410.33-30
1.51
26.04
27.55
Pane 8
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66685
2/19/04
Pip printing
66045 CREDIT
67138
67052
67394
Supplies
Office supplies
Office supplies
Office supplies
010-1100-411.36-10
065-0000-103.12-65
010-1700-417.21-10
010-1700-417.21-10
-152.33
77.58
36.83
343.23
305.31
66686
2/19/04
Ponce, joel
REQUEST 2/9/04
Reim water dep# 20005094
050-0000-229.08-70
9.10
9.10
66687
2/19/04
Powell, patricla r.
REQUEST 2/9/04
Reim water dep# 40006077
050-0000-229.08-70
180.00
180.00
66688
2/19/04
Press enterprise
689121
689304
2145253
2131182
2131181
2150405
2151146
2140120
2132998
2132999
2138536
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
010-2510-425.40-09
010-1700-417.36-25
055-1111-411.30-90
010-1700-417.36-25
010-1700-417.36-25
010-1700-417.36-25
010-1700-417.36-25
010-1700-417.36-25
010-1210-412.36-25
010-1210-412.36-25
010-1210-412.36-25
371.70
185.85
252.25
86.90
24.85
69.10
170.50
114.40
767.15
866.17
712.35
3,621.22
66689
2/19/04
Quality auto parts
D650015
D649026
D649025
D650734
D651392
D647144
D653552
D653819
D623698
D621126
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
056-4150-410.33-30
056-4150-410.33-30
056-4150-410.33-30
056-4150-410.33-50
010-7100-410.33-50
010-7100-410.33-50
050-9000-450.33-50
010-3100-431.33-50
010-3100-431.33-50
010-3100-431.33-50
4.84
6.42
18.49
12.84
9.62
45.45
8.05
16.68
2.78
11.84
137.01
66690
2/19/04
Quirarte, maria
REQUEST 2/9/04
Reim water dep# 10026090
050-0000-229.08-70
159.55
159.55
66691
2/19/04
Ramona floors
008449
Services rendered
010-3100-431.21-10
110.00
110.00
Pana 9
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66692
2/19/04
Ramona tire
131022
Supplies
050-9000-450.33-50
30.00
30.00
66693
2/19/04
Reliable
YYY08400
YX772600
CYH74200
RL890500
CYH74200
CYH74200
RNW14100
RPM48900
CZG35200
CZG35200
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
010-4200-410.21-10
010-1100-411.21-10
010-3300-431.21-10
010-2500-425.21-10
010-1700-417.21-10
010-3300-431.21-10
010-1400-414.21-10
010-2500-425.21-10
010-2500-425.21-10
010-1700-417.21-10
36.75
109.32
72.16
119.58
135.72
9.12
37.79
575.36
247.28
139.19
1,482.27
66694
2/19/04
Riverside county sheriffs
SH0000001590
SH0000001624
Nov13-dec10,2003 contract
Booking fees
010-3100-431.10-04
010-3100-431.30-19
11,512.00
2,428.80
13,940.80
66695
2/19/04
Riverside, county of
REQUEST 2/9/04
Parking violations
010-0000-304.03-35
53.00
53.00
66696
2/19/04
Rk engineering group, inc.
2004-09
Professional servcies
065-0000-201.06-47
225.00
225.00
66697
2/19/04
Rod's automotive performance
140127006
140120003
Auto repair
Auto repair
010-3100-431.33-50
010-3100-431.33-50
696.21
40.40
736.61
66698
2/19/04
Rogers,anderson,malody & scott III
12/31/03
Professional services
010-1400-414.30-90
447.00
447.00
66699
2/19/04
Rosenow spevacek group inc.
13892
Professional servcies
010-1700-417.30-90
4,815.00
4,815.00
66700
2/19/04
Sharps ace hardware
637982
Supplies
050-9000-450.33-30
28.93
28.93
66701
2/19/04
Smart & final
36256
38841
Office supplies
Supplies
010-2500-425.21-10
010-1200-412.21-10
52.88
43.82
96.70
66702
2/19/04
So. caiifornia gas co.
1/23/04 1031862
Utilities
010-2500-425.35-12
20.58
20.58
66703
2/19/04
Starner, edward I.
01012004
Interim supervisor 1/2004
050-9000-450.10-04
2,610.00
2,610.00
66704
2/19/04
State of caiifornia dept of justice
460411
460212
Analysis
Analysis
010-3100-431,34-05
010-3100-431.34-05
210.00
35.00
245.00
66705
2/19/04
Stericycle
2640859
Analysis
010-3100-431.34-05
73.40
73.40
66706
2/19/04
Stetson engineers inc.
12264
Professional services
050-9000-450.40-01
9,368.09
9,368.09
Pano 1 n
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66707
2/19/04
Strattonsjanitorial service
2568
2569
2570
Cleaning fees jan 2004
Cleaning fees jan 2004
Cleaning fees jan 2004
010-7400-425.34-05
010-2500-425.34-05
010-1700-417.34-05
590.00
475.00
600.00
1,665.00
66708
2/19/04
Subbarayan krishnan, m.d.
09/09/03 WAGNEF
Sjpd class a cpe
010-1210-412.30-16
400.00
400.00
66709
2/19/04
Sungard hte, inc.
843541
843469
Java-gmba software 04/05
Qrep-hte software 04/05
010-1400-414.34-05
010-1400-414.34-05
10,375.05
1,138.48
11,513.53
66710
2/19/04
Talley, joe b
REQUEST 2/9/04
Reim water dep# 2045
050-0000-229.08-70
72.58
72.58
66711
2/19/04
Templeton, jack
REQUEST 1/28/04
Reimbursment
010-1400-414.21-10
15.06
15.06
66712
2/19/04
Tri buick pontiac gmc
BUCS63823
Auto repair
010-1400-414.33-50
446.89
446.89
68713
2/19/04
Tri-lake consultants, inc.
1921
1924
1923
1925
1926
1927
Professional servcies
Professional servcies
Professional servcies
Professional servcies
Professional servcies
Professional servcies
065-0000-201.06-47
065-0000-201.06-47
065-0000-201.06-47
065-0000-201.06-47
065-0000-201.06-47
065-0000-201.06-47
1,472.79
12,686.02
3,380.86
8,679.84
4,626.07
8,444.01
39,289.59
66714
2/19/04
Underground service alert
4010605
Supplies
050-9000-450.33-30
213.60
213.60
66715
2/19/04
Valley chronicle, the
1523136
1523137
1523138
1523139
1523141
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
010-3100-431.21-10
010-3100-431.21-10
010-3100-431.21-10
010-3100-431.21-10
010-3100-431.21-10
20.00
20.00
20.00
20.00
20.00
100.00
66716
2/19/04
Vulcan materials company
200724
Supplies
010-4150-410.33-30
158.25
158.25
66717
2/19/04
Western highway products
355485
Supplies
021-4150-410.40-01
1,994.89
1,994.89
66718
2/19/04
Wetworks pool care
2/1/04 STMT
Monthly service feb 2004
010-8400-425.33-10
681.33
681.33
66719
2/19/04
Withell, lydia
REQUEST 2/9/04
Reimb overpay #30020060
050-0000-308.09-10
151.38
151.38
66720
2/19/04
Wolford, margaret
1-04
Transcription fees
010-3100-431.34-05
324.00
324.00
66721
2/19/04
Xerox corporation
000358470
000358731
Lease on copiers
Lease on copiers
010-2500-425.34-05
010-2500-425.34-05
737.96
180.91
1,584.51
Panes 11
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66721...
2/19/04...
Xerox corporation...
358739
358766
186503524
Lease on copier
Lease on copier
Lease on copier
010-7400-425.34-05
010-2500-425.34-05
010-3100-431.34-05
199.97
383.78
81.89
1,584.51...
66722
2/19/04
24 hour fire protection, inc.
103151
Supplies
010-3100-431.33-10
45.00
45.00
66723
2/19/04
5th palm dale corporation
REQUEST 2/5/04
Refund overpay bus licens
010-0000-301.01-60
70.00
70.00
66724
2/19/04
9-1-1 magazine
902051-82
Magazine subcription
010-3100-431.21-15
26.95
26.95
Total Checks 489,413.52
PanP 19
AGENDA ITEM 5.3
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Tim Hults, Community Development Director/'
SUBJECT: Ratification of the City Manager's Approval and Execution of a
Contract with Kammeyer and Associates to conduct ongoing
Landscape Plan Checks and Inspections.
RECOMMENDATION:
By motion, ratify the City Manager's Approval and Execution of a Contract with
Kammeyer and Associates to conduct ongoing Landscape Plan Checks and
Inspections.
BACKGROUND:
In order to ensure that parkway landscaping improvements and parks have
appropriate landscape and irrigation improvements, Staff recently solicited
proposals from landscape architectural firms to provide for ongoing landscape
plan checks and inspections. Two proposals were received, one from David
Evans and Associates and the other from Kammeyer and Associates. Staff
recommended that the City Manager engage the services of Kammeyer and
Associates because of the lower rates quoted for plan check and inspection, and
the firms positive history with the City (Main Street Project).
City Manager:
Finance Director:
Page 1 of 2
JUSTIFICATION:
The City Manager is authorized to execute professional service contracts up to
$75,000. While it is not anticipated that the contract will generate service costs
in excess of $75,000 this fiscal year, it is possible that the overall life of the
service contract could result in costs over $75,000. Therefore, the City Manager
felt it was important that the Council ratify his contract approval and execution.
BUDGETARY IMPACT:
The cost of the services will be fully reimbursed through plan check and
inspection fees.
ATTACHMENTS:
Contract
Page 2of2
CITY OF SAN JACINTO
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 8`h day of December, 2003 by and between the
City of San Jacinto, a public body, corporate and politic, with its principal place of business at 201
East Main Street, San Jacinto, Califomia 92583 ("City") and Kammeyer &Associates a corporation,
with its principal place of business at The Ranch, 2837 Kellogg Avenue, Corona, Califomia, 92881-
3524 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional
services required by the City on the terms and conditions set forth in this Agreement. Consultant
represents that it is experienced in providing professional Landscape Plan Check and Inspection
services to public clients, is licensed in the State of Califomia, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Landscape Plan Check and
Inspections services for the City of San Jacinto ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to fumish to
the City all labor, materials, tools, equipment, services, and incidental and customarywork necessary
to fully and adequately supply the professional Plan Check consulting services necessary for the
Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto
and incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 8, 2003, until determined by
Community Development Director unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines set by City staff.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this
Agreement. Any additional personnel performing the Services under this Agreement on behalf of
RVPUBIDKG1621686
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Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and as required by
law. Consultant shall be responsible for all reports and obligations respecting such additional
personnel, including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference ("Schedule"). Consultant
represents and warrants that it has the professional and technical personnel required to perform the
Services in conformance with such Schedule. In order to facilitate Consultant's conformance with
the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance time lines to meet the
Schedule.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should one or
more of such personnel become unavailable, Consultant may substitute other personnel of at least
equal competence upon written approval of City. In the event that City and Consultant cannot agree
as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
As discussed below, any personnel who fail or refuse to perform the Services in a manner
acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat
to the adequate or timely completion of the Project or a threat to the safety of persons or property,
shall be promptly removed from the Project at the request of the City.
3.2.5 Agency's Representative. The City hereby designates its Community
Development Director, or his/her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of
the City for all purposes under this Agreement. Consultant shall not accept direction or orders from
any person other than the City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Todd Bagley, RLA, or his
designee, to act as its representative for the performance of this Agreement ("Consultant's
Representative"). Consultant's Representative shall have full authority to represent and act on
behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative
shall supervise and direct the Services, using his best skill and attention, and shall be responsible for
all means, methods, techniques, sequences and procedures and for the satisfactory coordination of
all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in
the performance of Services and shall be available to City staff, consultants and other staff at all
reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
Califomia. Consultant represents and warrants that it is skilled in the professional calling necessary
to perform the Services. Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Consultant
RVPUBIDKG\621686
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represents and warrants that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City of San Jacinto ("City") business license, and that such licenses and approvals shall
be maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of
persons or property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be
re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all
notices required by law. Consultant shall be liable for all violations of such laws and regulations in
connection with Services. If the Consultant performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Consultant shall be solely
responsible for all costs arising there from. Consultant shall defend, indemnify and hold the City, the
City and their respective directors, officials, officers, employees, agents and volunteers free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability
arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory to
the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of this
Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Agreement. Such insurance shall meet at least the following minimum levels of
coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability. Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required
by the State of Califomia and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers'
RVPUB'DKG\621686
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Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor
Code of the State of Califomia. Employer's Liability limits of $1,000,000 per accident for bodily injury
or disease.
3.2.10.3 Professional Liability. Consultant shall procure and maintain,
and require its sub -consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their profession.
Such insurance shall be in an amount not less than approved by the City's Risk Manager, and shall
be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed
to state that: (1) the City and it's respective directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Services or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such Services; and (2) the insurance coverage shall be primary insurance as
respects the City and it's respective directors, officials, officers, employees, agents and volunteers,
or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage. Any insurance or self-insurance maintained by the City and their respective
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City and it's respective directors, officials, officers, employees, agents
and volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City and it's respective directors, officials, officers, employees,
agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained the City
and it's respective directors, officials, officers, employees, agents and volunteers shall be excess of
the Consultant's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employer's Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City and it's respective
directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or
canceled except after thirty (30) days prior written notice by certified mail, retum receipt requested,
has been given to the City; and (2) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City and it's
respective directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection afforded
to the City and its respective directors, officials, officers, employees, agents and volunteers.
RVPUB\DKG\621686
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3.2.10.6 Deductibles and Self -Insurance Retentions. Any deductibles
or self -insured retentions must be declared to and approved by the City. Consultant shall guarantee
that, at the option of the City, either. (A) the insurer shall reduce or eliminate such deductibles or
self -insured retentions as respects the Agency, the City and its respective directors, officials, officers,
employees, agents and volunteers; or (B) the Consultant shall procure a bond guaranteeing payment
of losses and related investigation costs, claims and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in Califomia,
and satisfactory to the Agency.
3.2.10.8 Verification of Coverage. Consultant shall fumish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms
provided by the City if requested. All certificates and endorsements must be received and approved
by the City before performance of Services commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.2.11 Safety. Consultant shall execute and perform its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection
and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized
cost and expense reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "C" attached hereto and incorporated herein by reference. In no event shall the total
compensation, including authorized cost and expense reimbursements, exceed One Thousand Two
Hundred dollars ($1,200.00) for the preparation of a plan check list and an hourly fee for plan check
services will be Eighty-five dollars per hour ($85.00lhour) without written approval of Agency's
Representative. Extra Work, as defined below, may be authorized as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates the portion of Services work completed and hours of work
rendered by Consultant. The statement shall describe the portion of Services and hours of work
rendered by Consultant since the initial commencement date, or since the start of subsequent billing
periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of
receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request
RVPUB\DKG\621686
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that Consultant perform "Extra Work". As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall
not perform, nor be compensated for, Extra Work without written authorization from City's
Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of Califomia
Labor Code Sections 1720 et seq. and 1770 et seq., as well as Califomia Code of Regulations, Title
8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on certain "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall
provide Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem
wages for each craft, classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at the Consultant's principal place of business
and at the Project site. Consultant shall defend, indemnify and hold the Agency, the City and its
respective directors, officials, officers, employees, agents or volunteers free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years from
the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents & Data,
as defined below, and other information of any kind prepared by Consultant in connection with
the performance of Services under this Agreement. Consultant shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
RVPUB\DKG621686
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3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective Parties at the following address, or at such other address as the
respective Parties may provide in writing for this purpose:
Consultant: Kammeyer & Associates
Attn: Todd Bagley
The Ranch
2837 Kellogg Avenue
Corona, CA 92881-3524
City: City of San Jacinto
Attn: Community Development Director
201 East Main Street
San Jacinto, CA 92583
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents & Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written information,
and other Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall not,
without the prior written consent of City, be used by Consultant for any purposes other than the
performance of the Services. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the Services or the Project. Nothing fumished to Consultant
which is otherwise known to Consultant or is generally known, or has become known, to the related
industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs
of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent of
Agency.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
RVPUB\DKG1621686
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appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorneys' Fees. If either Party commences an action against the other
Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attomey's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, the
City and its respective directors, officials, officers, employees, agents and volunteers free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any actual or alleged acts, omissions or willful misconduct of Consultant,
its officials, officers, employees, agents, consultants and subcontractors arising out of or in
connection with the performance of the Services, the Project or this Agreement, including without
limitation the payment of all consequential damages and attomeys' fees, expert witness fees, and
other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and
risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against the City and its respective directors, officials, officers, employees,
agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against the Agency, the City and/or their respective directors, officials, officers, employees,
agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse
the Agency, the City and their respective directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not
be restricted to insurance proceeds, if any, received by the City and its respective directors, officials
officers, employees, agents and volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, letters, memoranda or agreements. This Agreement may only be modified by a
writing signed by both Parties.
3.5.8 Goveming Law. This Agreement shall be govemed by the laws of the State
of Califomia. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.10 Agency's Right to Employ Other Consultants. City reserves the right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties, and shall not be assigned by Consultant without the prior
written consent of the Agency, which may be given or withheld in the City's sole and absolute
discretion.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the prior
written consent of the City, which may be given or withheld in the City's sole and absolute discretion.
Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
RVPUBIDKG1621686
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Unless
otherwise specified in this Agreement, any term referencing time, days or period for performance
shall be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, consultants and subcontractors of Consultant except as otherwise
specified in this Agreement. All references to City or City include its respective directors, officials,
officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference only, and
do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No waiver, supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by both
Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default
or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights by
custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the tern of this
Agreement, no member, officer or employee of City, during the term of his/ her service with City,
shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or applicant
for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
Such non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
Program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the Califomia Labor Code which require every employer to
be insured against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before commencing the
performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
RVPUB\DKG\621686
-9-
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to mike this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the
Services required by this Agreement, except as expressly stated herein, without prior written
approval of the Agency. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF SAN CINTO
COMMON D; ELOP T DICE R
"AGEN • /
By:
eter Cosentini
City Manager Its:
Attest:
ity041 (ArIDU oa4
Clerk
Approved as to Form:
Best Best & Krieger LLP
City Attorney
KAMMEYER & ASSOCIATES
TODD BAGLE
"CONSULT ���
ID
By:
1/✓
RVPUBIDKG1621686
-10-
EXHIBIT "A"
SCOPE OF SERVICES
The Services to be performed by Consultant for the Project pursuant to this
Agreement shall include but not be limited to the following specific tasks:
• Develop Review Criteria and Check List (A one time effort): Using the City design
guidelines we will revise and reformat the boiler plate check list we have included in
proposal. This check list will serve a guideline for plan checker and the plan preparer. We
suggest that this check list could be prepared in segments. We suggest the following check
list segments:
o Median & Parkways
o Erosion Control
o Commercial & Industrial
o Retail, Offices and Churches
o Residential development and apartments
o Streetscapes
o Parks and Open space
• Pick-up and Drop-off: We plan on providing pick-up of plans and documents a
minimum of two times a week, such as Tuesday and Friday; We are available to provide
pick-up other than the scheduled pick-up dates when requested by the City. Additional pick
ups will be for those projects the City wishes to place a special priority on. We will call the
City ahead of time to coordinate the pick up and delivery of documents.
• Plan Check: Having provided plan checking services and having had the experience of
waiting for a plan check so a project may proceed we know how important it is to have
prompt tum around of plan checks. With few exceptions we will provide a one week turn
around on plan checks. Exceptions to the one week tum around will be an exceptionally high
volume of plan checks or a particularly sensitive project where we may need to discuss
issues with City Staff.
• Weekly Check -in Meeting: Weekly we will meet with City Staff to review completed
projects, discuss project specific issues, coordinate calendar issues and tract projects.
• On -call Field Review: We will be on -call to assist the City in having quality control
over projects which are built in the City. Upon the notice of the City we will be available to
project inspection services.
• Field Report: After each field inspection will prepare a project punch list and field report
summary we will prepare the punch list and field report the next business day following the
inspection.
• Availability for project meetings: At the request of the City we will be available to attend
meeting with project participates.
• On -call attendance at Council & Planning Commission Meetings: We know that it
can be helpful to staff to have the plan checker attend Planning Commission and Council
meeting. At the request of the City Staff we will be available to attend these meetings.
RVPUBIDKG1621686
A-1
EXHIBIT "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be from November 24, 2003 until determined by the
Community Development Director, unless earlier terminated as provided in this Agreement.
EITHER:
Consultant shall completed all Services within the term of this Agreement and shall meet all
other established schedules and/or deadlines set by Citystaff.
RVPUBIDKG1621666
R-1
EXHIBIT "C"
COMPENSATION
Consultant shall receive compensation, including authorized cost and expense reimbursement, for all
Services rendered under this Agreement at the rates set forth below. In no event shall total
compensation, including authorized cost and expense reimbursements, exceed One thousand two
hundred and 00/100 dollars ($1,200.00) for the preparation of a plan check list, and an hourly fee of
eighty-five and 00/100 dollars ($85.00) for plan check services without written approval of Agency's
Representative.
RVPUB'DKG1621686
C-1
AGENDA ITEM 6.1
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Dorothy L. Chouinard, City Clerk' —
SUBJECT: Committee and/or Agency Agendas
RECOMMENDATION:
Receive and file.
BACKGROUND:
Information per Council's request.
JUSTIFICATION:
None
BUDGETARY IMPACT:
None
ATTACHMENTS:
Library
RCTC
RTA
VEDC
WROG
Pane 1 of 1
Approvals
City Manager:
Finance Director:
02/05/2004 12:31 9094878069
SAJE
PAGE 02
San Jacinto Branch Library
Submitted by Elise Kahn, Branch Manager
January 2004
The end of January also brought the end of the semester for the San Jacinto High School
students. With 3 days of finals and a day off, it gave staff time to catch up on various
housekeeping duties. For the month of January we continue to have an average daily
attendance of 850 people visiting the library.
On January 16Th the San Jacinto High School National Honor Society students presented a
Winnie the Pooh program for the children in the community. The students did a
wonderful job and had quite an audience. There were 53 children and 22 adults that
attended the program. The program consisted of a student reading a Winnie the Pooh
story in the childrens room and asking questions about the story afterward and giving out
candy for the answers. In the conference room there was a Winnie the Pooh video
showing and coloring pages to work on. All in all it was a great success and I hope to
have more programs such as this put on by the students of SJHS.
We are seeing new faces coming in to the San Jacinto Library as tax season is upon us.
People who never knew the library was here are discovering us and also getting their tax
forms.
We are in the process of getting our new Books on Tape on the shelves. Thanks to our
Friends group we now have $1,000 worth of new unabridged Books on Tape/CI7. We
have also received our new Early Readers that the Friends donated money for and they
are flying out the door.
Library Assistant Brenda Ruvalcaba has sent coloring pages of the United States
Presidents to a teacher to be colored by local elementary school students. The finished
pages will a part of our Presidents Day display. We are hoping the students will come
into the library to see their artwork on display.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
(COMMISSIONERS MARION ASHLEY, CHRIS BUYDOS, BOB BUSTER, TERRY HENDERSON,
ROBIN LOWE, JOHN TAVAGLIONE, JIM VENABLE, FRANK WEST, ROY WILSON)
8:30 A.M.
(Note: Change in meeting time from 8:00 a.m. to 8:30 a.m.)
Wednesday, February 11, 2004
County of Riverside Administrative Center
Conference Room "A"
4080 Lemon Street, 3rd Floor, Riverside
In compliance with the Americans with Disabilities Act and Government Code
Section 54954.2, if you need special assistance to participate in an Executive
Committee meeting, please contact the Clerk of the Commission at (909) 787-
7141. Notification of at least 48 hours prior to meeting will assist staff in assuring
that reasonable arrangements can be made to provide accessibility at the meeting.
1. CALL TO ORDER
2. PUBLIC COMMENTS
3. AGREEMENT NO. 04-12-049, EMPLOYEE ASSISTANCE PROGRAM (EAP)
SUBSCRIBER AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND
THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
Overview
This item is to approve the agreement between the County of Riverside and
the Riverside County Transportation Commission for the County to provide
EAP services to Commission employees and their eligible dependents.
4. RESOLUTION NO. 04-007, RESOLUTION OF THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION TO PROVIDE EMPLOYEE ASSISTANCE
PROGRAM
Overview
This item is to amend the Commission's Personnel Rules to include the
Employee Assistance Program.
5. ADJOURNMENT
The next Executive Committee meeting is scheduled to be held at 8:00 a.m.,
on Wednesday, March 10, 2004, at the Riverside County Transportation
Commission's Conference Room "A", 4080 Lemon Street, 3`d Floor,
Riverside, California.
RTA
Riverside Transit Agency
a
Riverside Transit Agency
00Board of Directors Meeting
Meeting No. 2004-1A
January 22, 2004
2:00 p.m.
1825 Third Street
Riverside, CA 92507
LEASE NOTE: The Chairman of the Board kindly requests that cell
hones be turned off during the meeting
ITEM
1. CALL TO ORDER
2. SELF -INTRODUCTIONS
3. FLAG SALUTE
4. PUBLIC COMMENTS — NON -AGENDA ITEMS
Members of the public may address the Board
regarding any item within the subject matter
jurisdiction of the Board; however, no action may
be taken on off -agenda items unless authorized by
law. Comments shall be limited to matters not
listed on the agenda. Members of the public may
comment on any matter listed on the agenda at the
time that the Board considers that matter. Each
person's presentation is limited to a maximum of
three (3) minutes
5. PRESENTATION OF GAVEL TO DIRECTOR
MOORE IN RECOGNITION OF HIS SERVICE AS
BOARD CHAIRMAN AND PRESENTATION OF
AWARD TO CHAIRMAN JON WINNINGHAM IN
RECOGNITION OF FIVE YEARS OF SERVICE (P. 5)
RECOMMENDATION
RECEIVE COMMENTS
MAKE PRESENTATION
6. APPROVAL OF MINUTES — NOVEMBER 20, 2003,
BOARD MEETING (P. 6) APPROVE
Any Person with a disability who requires a modification or accommodation in order to participate in this meeting
should contact the RTA Clerk of the Board, telephone number (909) 565-5044, no less than two business days
prior to this meeting to enable RTA to make reasonable arrangements to assure accessibility to this meeting.
RTA BOARD OF DIRECTORS MEETING
JANUARY 22, 2004
ITEM
7.
8.
CHIEF EXECUTIVE OFFICER'S REPORT
CONSENT CALENDAR
All items on the Consent Calendar will be
approved by one motion and there will be no
discussion on individual items unless a Board
member or member of the public requests a
specific item be pulled from the calendar for
separate discussion
A. RTA Financial Profile — December 2003 (P.
14)
B. Ridership Report - December 2003 (P. 27)
C. Personnel Report - December 2003 (P. 33)
D. Transportation Center Report — December
2003 (P. 38)
E. On -Time Performance Report — December
2003 (P. 44)
F. Board Administrative Committee Minutes —
November 12, 2003, Meeting (P. 50)
G. Board Operations Committee Minutes —
December 3, 2003, Meeting (P. 52)
H. ADA Quarterly Minutes — October 7, 2003,
Meeting (P. 54)
I. Transportation NOW Meeting Attendees —
January (P. 56)
J. Agency Credit Card Statement for December
2003 (P. 57)
K. Investment Report — Period Ending
December 31, 2003 (P. 58)
PAGE 2
RECOMMENDATION
RECEIVE REPORT
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RTA BOARD OF DIRECTORS MEETING PAGE 3
JANUARY 22, 2004
ITEM RECOMMENDATION
L. Authorization to Enter into a Reciprocal
Agreement with the City of Riverside for
Compressed Natural Gas (CNG) Fueling (P.
59)
Board Budget and Finance and Board
Administrative Committees Reviewed and
Recommended (1/7/04 and 1/14/04 Meetings)
M. Riverside Transit Agency (RTA) Investment
Policy Update (P. 66) APPROVE
APPROVE
Board Budget and Finance Committee
Reviewed and Recommended (1/7/04
Meeting)
N. Recommendation - Change of Service
Provider for 401A Retirement Plan (P. 71) APPROVE
Board Budget and Finance and Board
Administrative Committees Reviewed and
Recommended (1/7/04 and 1/14/04 Meetings)
O. Information Security Policy (P. 73) APPROVE
Board Administrative Committee Reviewed
and Recommended (1/14/04 Meeting)
CAPITALIZATION POLICY AMENDMENT -
CHANGE IN MONETARY THRESHOLD FOR
CAPITALIZATION OF RIVERSIDE TRANSIT
AGENCY (RTA) ASSETS (P. 84)
Board Budget and Finance Committee Reviewed
and Recommended (1/7/04 Meeting)
10. COMMENTS TO SCAG ON THE DRAFT 2004
REGIONAL TRANSPORTATION PLAN (P. 87) APPROVE
APPROVE
Board Operations and Board Administrative
Committees Reviewed and Recommended (1/7/04
and 1/14/04 Meetings)
RTA BOARD OF DIRECTORS MEETING PAGE 4
JANUARY 22, 2004
ITEM
11. CLOSED SESSION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(C) TO DISCUSS
POSSIBLE TERMINATION OF APPROVED BID
PROPOSAL
12. BOARD MEMBER COMMENTS AND REMARKS
13. ANNOUNCEMENTS
4. NEXT MEETING
Regular Meeting of the RTA
Board of Directors
Thursday, February 26, 2004
2:00 p.m.
RTA Conference Room
1825 Third Street
Riverside, CA 92507-3484
15. ADJOURNMENT
RECOMMENDATION
WRCOG
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
014
ote
QIa sP
608
EXECUTIVE
COMMITTEE
AGENDA
Monday, February 2, 2004
2:00 p.m.
County of Riverside
15t Floor Board Room
CALL TO ORDER Chair Jim Venable
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
At this time members of the public may address the Executive Committee regarding any items within the subject matter jurisdiction of the
Executive Committee which are not separately listed on this agenda. Members of the public will have an opportunity to speak on
agendized items at the time the item is called for discussion. NO action may be taken on items not listed on the agenda unless authorized
by law. Comments shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion
of the agenda. Any person wishing to address the Executive Committee on any matter, whether or not it appears on this agenda, is
requested to complete a "Request to Speak" form available at the door. The completed form is to be submitted to the Secretary prior to an
individual being heard. Whenever possible, lengthy testimony should be presented to the Executive Committee In writing and only
pertinent points presented orally.
MINUTES
I.A
Minutes from the December 1, 2003 Executive Committee meeting are available for
consideration.
Requested Action: Approve Minutes.
M-1
CONSENT AGENDA
II.A SANDAG/WRCOG Elgeritte Adidjaja Page 1
1-15 - Interregional Partnership Update
Background: The Inter -regional Partnership (IRP) is a voluntary partnership between elected
officials representing the Western Riverside Council of Governments (WRCOG) and
the San Diego Association of Governments (SANDAG). The Partnership is
funded by the State Department of Housing and Community Development and is
intended to address jobs/housing balance issues.
Requested Action: Receive and file.
II.B
Appointment to Countywide Barbara Spoonhour Page 3
Solid Waste management Advisory Committee
Background: A vacancy on the Committee to be filled by WRCOG exists.
Requested Action: 1. Appoint Barbara Spoonhour as WRCOG's representative to the Countywide
Solid Waste Management Committee, and Danielle Maxson as alternate.
2. Direct staff to continue to solicit interest among jurisdictions in serving on the
Committee.
II.0 Solid Waste Cooperative Program Update
Background:
submitted
to the CIWMB by February 2, 2004.
Requested Action: Receive and file.
II.D TUMF Update Ruthanne Taylor Berger
Background: Staff has provided updates on the current activities of the TUMF Program.
Requested Action: Receive and file.
II. E March Inland Port Ground
Access Study
Barbara Spoonhour Page 9
In December, 2003, the California Integrated Waste Management Board (CIWMB)
released the 2002 annual diversion numbers for WRCOG jurisdictions. Annual
reports are being submitted to jurisdictional staff for review and need to be
Page 11
Elgeritte Adidjaja Page 13
Background: The Southern California Association of Governments (SCAG issued a notice to
proceed on a contract awarded to the Western Riverside Council of Governments
and Katz, Okitsu, and Associates (KO&A) to study the ground access issues the
March ARB.
Requested Action: Receive and file.
REPORTSIDISCUSSION
III.A MSHCP Update Rick Bishop Page 17
Background: An update on the status of MSHCP adoption by jurisdictions and related issues will
be provided. The initial meeting of the Riverside Conservation Authority will take
place after the Executive Committee meeting.
Requested Action: 1. Receive report.
2. Provide direction to staff if necessary.
III.B WRCOG/OCCOG Alexa Washburn Page 19
SR-91 — Interregional Partnership Update
Background: The Inter -regional Partnership (IRP) is a voluntary partnership between elected
officials representing the Western Riverside Council of Governments (WRCOG) and
the Orange County Association of Governments (OCCOG). The Partnership is
funded by the State Department of Housing and Community Development and is
intended to address jobs/housing balance issues.
Requested Action: Receive report.
III.0 Report from League of California Cities
Page 61
Regional Representative
Background:
Dave Willmon
Dave Willmon, the League of California Cities Regional Representative for Riverside
County, will provide an update on activities being undertaken by the League of
California Cities.
Requested Action: Receive report.
III.D Regional Transportation Plan
Rick Bishop Page 63
Background: The Southern California Association of Governments (SCAG) has been preparing
the 2004 Regional Transportation Plan.
Requested Action: 1. Receive report.
2. Direct staff to transmit Draft RTP comments to SCAG prior to February 9,
2004.
OTHER MATTERS
IV. Items for Future Agendas Members
Members are invited to suggest additional items to be brought forward for discussion at future
Executive Committee meetings.
V. General Announcements Members
Members are invited to announce items/activities which may be of general interest to the
Executive Committee.
VI. Next Meeting: The Executive Committee will meet on March 1, 2004 at 2:00pm.
VII. ADJOURNMENT
REGIONAL CONSERVATION AUTHORITY
e AGENDA
g0n��� Monday, February 2, 2004
SO�oaOA 3:30 p.m.
Q�Ba Snwoe
County of Riverside
Administrative Center
Board Hearing Room
I. CALL TO ORDER WRCOG Chair Jim Venable
II. WELCOME AND INTRODUCTIONS
III, PLEDGE OF ALLEGIANCE
IV. PUBLIC COMMENTS
At this time members of the public may address the RCA Board of Directors regarding any items within the subject matter jurisdiction of the
Board which are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the
time the item is called for discussion. NO action may be taken on items not listed on the agenda unless authorized by law. Comments
shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion of the agenda.
Any person wishing to address the Board on any matter, whether or not it appears on this agenda, Is requested to complete a "Request to
Speak" form available at the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever
possible, lengthy testimony should be presented to the Board in writing and only pertinent points presented orally.
V. PROPOSED APPROACH TO TODAY'S RCA BOARD MEETING
Requested Action: Operate on consensus of those attending today's meeting, and recognize that only
those jurisdictions that have approved the Joint Powers Agreement establishing the
Regional Conservation Authority are authorized to vote.
VI. SELECTION OF INTERIM CHAIR AND VICE CHAIR
Requested Action: Select interim Chair and Vice Chair, subject to re -affirmation at the next scheduled
RCA meeting when a majority of jurisdictions will have acted to approve the JPA
establishing the Regional Conservation Authority.
VII. MEETING SCHEDULE FOR 2004
Requested Action: Approve RCA Board Meeting Schedule for 2004, subject to re -affirmation at the
next scheduled RCA meeting when a majority of jurisdictions will have acted to
approve the JPA establishing the Regional Conservation Authority.
H:\Meetings\MSHCP1Agendas\rca agendas04\RCAag0202204.doc
VIII. CONSENT AGENDA
No Consent Items for this Agenda
IX. REPORTS
IX.A MSHCP/JPA Adoption Status
Requested Action: Receive report.
IX.B MSHCP Overview/ Role of the RCA
Requested Action: Receive report.
IX.0 Legal Matters
a. Status of "No Surprises" Ruling
b. Local Action regarding MSHCP
c. Legal Counsel
Requested Action: 1. Receive reports.
2. Appoint Best, Best and Krieger as Interim Legal Counsel to
serve the RCA Board through the end of the fiscal year.
3. Direct staff to prepare an RFQ for MSHCP legal services for Fiscal
year 2004-05.
IX.D
Consideration of Resolution No. 04-01, a Resolution Of The Board Of Directors Of
The Western Riverside County Regional Conservation Authority Making
Responsible Agency Findings Pursuant To The California Environmental Quality
Act For The Multiple Species Habitat Conservation Plan/Natural Community
Conservation Plan And Approving The Western Riverside County Multiple
Species Habitat Conservation Plan/Natural Community Conservation Plan And
Implementing Agreement, Adopting Environmental Findings Pursuant To The
California Environmental Quality Act, And Adopting A Statement Of Overriding
Considerations And Authorizing The Chair Of The Board To Execute The
Implementing Agreement.
Requested Action: Adopt Resolution 04-01, a Resolution Of The Board Of Directors
Of The Western Riverside County Regional Conservation
Authority Making Responsible Agency Findings Pursuant To
The California Environmental Quality Act For The Multiple
Species Habitat Conservation Plan/Natural Community
Conservation Plan And Approving The Western Riverside
County Multiple Species Habitat Conservation Plan/Natural
Community Conservation Plan And Implementing Agreement,
Adopting Environmental Findings Pursuant To The California
Environmental Quality Act, And Adopting A Statement Of
Overriding Considerations And Authorizing The Chair Of The
Board To Execute The Implementing Agreement.
IX.E Discussion of Staffing Arrangements
Requested Action: Discuss and provide further direction to staff.
H:1Meetings\MSHCP'Agendas1rca agendas041RCAag0202204.doc
ITEMS FOR NEXT MEETING
XI. ITEMS FOR FUTURE AGENDAS Members
Members are invited to suggest additional items to be brought forward for discussion at future
Regional Conservation Agency meetings.
XII. NEXT MEETING: March 1, 2004
4:00 p.m.
4080 Lemon St., Board Hearing Room
XIII. ADJOURNMENT
H:1Meelings\MSHCP\Agendas\rca agendas041RCAag0202204.doc
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CITY OF SAN JACINTO
CITY COUNCIL
Notice of Public Hearing
CONDITIONAL USE PERMIT 03-03
PROPOSAL
ENVIRONMENTAL
DATE/TIME
WHERE TO GO
WHO TO CALL
Subject Site
The San Jacinto Street Retail Center
project consists of the construction of a
retail shopping center on an
approximately 26.09 — acre site. After
street frontage dedications are
deducted, the project site totals 25.46
acres. The center includes a total of
approximately 243,000 square feet of
retail space comprised of a 218,000 —
square foot major retail store, three
fast -foot restaurants, kJ; sit-sowiF
restaurant, and a 12-pump fueling
station. The 218,000 retail store and 12-position fueling station will be located on a 20.86 acre parcel. The fueling station will be
located under a canopy cover and will include a kiosk totaling approximately 600 square feet, The remaining 4.6 acres of the site
will be subdivided into four parcels consisting of freestanding retail pads. These parcels will contain a 4,200 — square foot fast-food
restaurant with drive -through, a 9,000 — square foot sit-down restaurant, and an 8,000 — square foot retail shop building (consisting
of a mixture of food, service, and/or retail uses) with a drive -through. Alternative uses may be substituted for the fast food uses
identified in the 4 parcels, including retail uses with or without drive through lanes. The proposed San Jacinto Retail Center will be
located at the southeast corner of San Jacinto Street and Commonwealth Avenue
Applicant: Tom Moody, Adams Engineering Consultants
1902 Wright Place, Suite 200
Carlsbad, CA 92008
In accordance with the California Environmental Quality Act (CEQA) a draft EIR has been prepared for the San Jacinto Street Retail
project. The Draft EIR discusses the proposed projects impacts on transportation/circulation, air quality, noise, biological resources,
hydrology and water quality, and agricultural resources. All significant effects of the proposed project have been reduced to less
than significant levels with implementation of mitigation, with the exception of transportation/circulation, air quality, noise and
agriculture. Statement of Overriding Considerations will be prepared for adoption as to these issues.
February 19, 2004
7:00 p.m.
San Jacinto Unified School District Board
Room
2045 S. San Jacinto
San Jacinto, CA 92583
For additional information contact:
Community Development Dept.
248 E. Main Street
San Jacinto, CA 92583
(909) 487-7330
District Offices
Dorothy Chouinard - Feb. 19, 2004 Agenda Item -- Closed Session Item (Cove Warren Road) Page 1
From: "Jeff S. Ballinger" <Jeff.Ballinger@bbklaw.com>
To: "Dorothy Chouinard" <dchouinard@sanjacintoca.us>
Date: 2/10/04 10:19PM
Subject: Feb. 19, 2004 Agenda Item -- Closed Session Item (Cove Warren Road)
Dorothy,
Please add the following to the closed session agenda for Feb. 19, 2004:
CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of
litigation pursuant to subdivision (c) of Section 54956.9: (One (1) or
more potential cases)
Thanks!
Jeff Ballinger
Best Best & Krieger
3750 University Avenue
Riverside, CA 92502-1028
(909) 686-1450 Office
(909) 686-3083 Fax
This email and any files transmitted with it may contain privileged or otherwise confidential information. If
you are not the intended recipient, or believe that you may have received this communication in error,
please advise the sender via reply email and delete the email you received.
***********************************************************************************
CC: "Peter Cosentini" <pcosentini@sanjacintoca.us>
NOTICE OF HEARING
ON ANNEXATION OF PROPERTY TO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2
OF THE CITY OF SAN JACINTO (ANNEXATION NO. 14)
AND ASSESSMENTS PROPOSED TO BE LEVIED ON THAT PROPERTY
FOR FISCAL YEAR 2003-04
NOTICE IS HEREBY GIVEN that at 7:00 o'clock p.m. on February 19,
2004 in the San Jacinto Unified School District Board Room at 2045 South San Jacinto
Avenue, San Jacinto, California, the City Council of the City of San Jacinto ("City") will
conduct a public hearing regarding the annexation of certain property, generally located
at the northeast corner of Eagle Drive and Country Village Drive in the City of San
Jacinto, County of Riverside, to Landscaping, Lighting and Park District No. 2
("District") as Annexation No. 14 which, if annexed, will become Zone 14 of the District,
and the assessments which are proposed to be levied on parcels of property in Zone 14
for fiscal year 2003-04. According to the City's records, you are the record owner of a
parcel or parcels of property within Zone 14 which is or are subject to the levy of the
proposed assessments. The total amount of the assessments which are proposed to be
levied for fiscal year 2003-04 on parcels in Zone 14 is $481.97. The amount of the
assessment which is proposed to be levied on each parcel in the District is $481.97 per
unit of benefit. The assessments are proposed to be levied to pay the annual cost of the
installation, operation, maintenance and servicing of street lighting and any other
appurtenant improvements ("Improvements") in the District.
The total amount of the assessments which are proposed to be levied on
parcels of property in Zone 14 is equal to the amount of the estimated annual cost of the
installation, operation, maintenance and servicing of the Improvements within Zone 14
for the 2003-04 fiscal year. The amount of the assessment which is proposed to be levied
on each parcel in Zone 14 was calculated on the basis of the proportionate special benefit
derived by the parcel in relationship to the entirety of the costs that are related to the
installation, operation, maintenance and servicing of the Improvements for said fiscal
year and was determined by dividing the estimated annual cost by the number of units of
benefit within Zone 14. The assessments will be levied on all parcels within Zone 14 so
long as such assessments are necessary to pay the annual cost of the installation,
operation, maintenance and servicing of the Improvements in Zone 14.
The City Council has determined that the amount of the assessment
which will be levied per parcel for each parcel in Zone 14 in future fiscal years may
be increased by the percentage increase in the Consumer Price Index - All Urban
Consumers for the Los Angeles -Anaheim -Riverside Area provided that the amount
of the assessment is not increased by more than seven and one-half percent (7 'h%)
in any fiscal year and provided that the amount of the assessment to be levied on
any parcel in any fiscal year shall not in any event exceed the reasonable costs of the
proportional special benefit conferred on the parcel. Property owners who vote
Assessment Ballots in support of the levy of the proposed assessment will also be
ORANGE/JR\
voting in support of such an increase in the annual amount of assessments to be
levied in future fiscal years.
At the conclusion of the public hearing, the City Clerk will tabulate the
assessment ballots submitted, and not withdrawn, in support of or opposition to the levy
of the proposed assessments. A majority protest will exist if the assessment ballots
submitted, and not withdrawn, in opposition to the levy of the proposed assessments
exceed the assessment ballots submitted, and not withdrawn, in favor of the levy of the
proposed assessments, weighting those assessment ballots by the amount of the proposed
assessment to be imposed upon the identified parcel for which each assessment ballot is
submitted. If there is a majority protest against the levy of the proposed assessments, the
property will not be annexed to the District and the City Council will not levy the
proposed assessments on parcels of property within Zone 14.
DATED: February 4, 2004
Jsl Dorothy Chouinard
City Clerk
City of San Jacinto
ORANGE/JR\
City/County
Code Section
Ordinance Text
Hemet
Riverside
County
90-61(a) Whenever a structure which does not comply with the
minimum development standards and site development
requirements for the zone in which the structure is
located, is damaged by fire, calamity, act of God or by the
public enemy to the extent of 50 percent or less of the
value of the structure as determined by the building
official, based upon the latest International Conference of
Building Officials Building Valuation Data Table, the
structure may be restored. The restoration shall be started
within 12 months from the date of damage and diligently
pursued to completion. When the damage exceeds 50
percent or the structure is razed for any reason, the
structure shall not be restored except in full conformity
with the regulations for the zone in which it is located.
(Ord. No 1585, § 8-25-98)
17.184.090(B) The provisions of this chapter [generally limiting increases
to 25% of floor area, but imposing objective time limits on
continuance of nonconformities] shall not prevent the
reconstruction, repairing, rebuilding or replacement and
continued use of any nonconforming structure that is
damaged by fire, explosion or acts of God; provided,
however, any such rebuilding, reconstruction or repairing
shall not extend the period of nonconforming time in
which the use must be eliminated. (Ord. 348.3928 § 2
•art , 2000: Ord. 348 • 18.8 h ,
Moreno
Valley
9.02.180(G)
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
1. Whenever a legal nonconforming use or improvement
is destroyed by fire, calamity or act of God, to the extent
of fifty (50) percent or less, the improvement may be
restored and the nonconforming use may be resumed,
provided that restoration is started within one year and
diligently pursued to completion. When the destruction
exceeds fifty (50) percent or the structure is voluntarily
razed or is required by law to be razed, the structure shall
not be restored except in full conformity with the
regulations for the zone in which it is located and the
nonconforming use shall not be resumed.
2. If the use or improvement is destroyed by fire, calamity
or act of God, to the extent of fifty (50) percent or more,
the use or improvement may not be restored except as
provided for below in subparagraphs 5, 6, 7 and 8.
4. Any legal nonconforming improvement rebuilt after
destruction by fire, calamity, or act of God, shall to the
degree feasible, be rebuilt to eliminate or reduce the
nonconformity with the regulations for the district in which
it is located.
5. In any district, a legal nonconforming residential use
destroyed by fire, calamity or act of God may be restored
and the use may be resumed, provided that the
restoration is started within three years and diligently
pursued to completion.
6. In any district, a legal nonconforming place of worship
or other quasi -public use or improvement destroyed by
fire, calamity or act of God may be restored and the use
may be resumed, provided that the restoration is started
within three years and diligently pursued to completion.
7. In any commercial district, a legal nonconforming
commercial use destroyed by fire, calamity or act of God
may be restored and the use may be resumed, provided
that the restoration is started within one year and diligently
pursued to completion.
8. In any industrial district, a legal nonconforming
industrial use destroyed by fire, calamity or act of God
may be restored and the use may be resumed, provided
that the restoration is started within one year and diligently
pursued to completion.
9. Any legal nonconforming use or improvement restored
after damage and allowed within this section is subject to
review under an administrative plot plan and shall adhere
to the following findings:
a. The proposal shall not be for the purpose of increasing
the number of living units on the property.
b. The proposal shall benefit the health, safety and
welfare of the occupants on the site, and not be
detrimental to any surrounding properties.
c. The proposal shall be architecturally compatible with
the existing building.
d. The proposal shall not displace required on -site
parking, landscaping or other conforming Municipal Code
requirements.
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
e. Any legal nonconforming improvement rebuilt after
destruction by fire, calamity, or act of God, shall to the
degree feasible, be rebuilt to eliminate or reduce the
nonconformity with the regulations for the district in which
it is located.
Colton
18.46.040
Should such nonconforming structure or nonconforming
portion of structure be destroyed by any means to an
extent of more than fifty percent of its replacement cost at
time of destruction, it shall not reconstructed except in
conformity with the provisions of this title. (Ord. 0-14-92 §
1 (Exh. A) (part), 1992)
Indian Wells
21.90.030(e)
A non -conforming building and/or structure which is
damaged or partially destroyed by fire, explosion or man -
induced or natural disaster to the extent of more than
seventy-five percent (75%) of the fair market value
according to the assessment as listed by the Riverside
County Assessor for the fiscal year during which the
destruction occurs shall be subject to all the applicable
regulations specified by this division. (Ord. 387 §1, 1996)
Long Beach
21.27.090
Any building containing a nonconforming use or any
nonconforming structure may be repaired and restored to
its nonconforming state if the need for repairs or
restoration shall be the result of fire, explosion,
earthquake, imminent public hazard, acts of terrorism,
sabotage, vandalism, warfare or abatement of earthquake
hazard in accordance with City regulations. Such
restoration shall comply with the following conditions:
A. Level Of Restoration. The damaged use or structure
may be repaired or rebuilt to the area and footprint of the
previous use or structure. Alternatively, the use or
structure may be repaired or rebuilt to a more conforming
area or footprint.
B. Additional Floor Area Added. If during restoration
and/or reconstruction additional floor area is added, the
use or structure shall abandon its nonconforming status.
C. Time Limit. The repairs must be commenced within
one year of the event causing damage to the use or
structure, and the repairs must be diligently pursued until
completed. (Ord. C-7663 § 5, 1999).
Murrieta
16.32.050(B)
If a nonconforming structure, or a conforming structure
used for a nonconforming use, is damaged, destroyed
or demolished, the right to continue occupancy of the
nonconforming structure, or to continue the
nonconforming use shall cease; provided however, that
the structure may be repaired or rebuilt and reoccupied
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
only as follows:
1. If the cost of repairing or replacing the damaged
portion of the structure does not exceed fifty (50)
percent of the current appraised value of the structure,
as shown in the county assessor's records, the
structure may be restored and the use continued if the
restoration is started within one year of the date of
damage or destruction and is diligently pursued to
completion; and
2. If the cost of repairing or replacing the damaged
portion of the structure exceeds fifty (50) percent of the
current appraised value of the structure, as shown in
the county assessor's records, a minor conditional use
permit (16.52) shall be required to authorize the
restoration of the structure and continue the use. The
minor conditional use permit shall include a finding, in
addition to those contained in Section 16.52.040
(Findings and Decision), that the benefit to the public
health, safety or welfare exceeds a detriment inherent
in the restoration. (Ord. 182 § 2 (part), 1997)
Ontario
9-1.0710(b)
A legal nonconforming structure which is damaged or
partially destroyed by fire, flood, wind, earthquake or other
calamity, or the public enemy, may be reconstructed up to
the original size, placement and density, provided that
total cost of such reconstruction does not exceed more
than fifty percent (50%) of fair market value or less, the
structure may be restored and the nonconforming use
may be resumed, provided that restoration is started
within six (6) months, unless extended by the Zoning
Administrator, and diligently pursued. In the event that the
cost of repairing such damage exceeds fifty percent (50%)
of the value of the structure prior to such damage
occurring, the structure may be reconstructed up to the
original size, placement and density subject to the
following conditions:
(1) The Planning Commission, after holding a public
hearing, finds that continuing the nonconforming use will
not result in an annoyance to and/or reduction of, any
surrounding property. A public hearing and Planning
Commission findings, pursuant to division (b) of this
section, shall not be required for a parcel of land that is
designated for a residential land use on the General Plan
and contains six (6) or fewer dwelling units;
(2) The extent of damage or partial destruction shall be
based upon a comparison of the estimated cost of
S:\jsb\San .Jacinto\Burn Policy Staff Report.doc
restoring the structure to its condition prior to such
damage or partial destruction with its value at the time the
structure was damaged or partially destroyed. Estimates
for such purpose shall be made by or reviewed by the
Building Official; and
(3) The restoration is commenced within six (6) months
and diligently pursued to completion.
(4) Nothing in this section shall be construed to permit
the continuation of conditions that will endanger the
health, safety and welfare of building occupants or the
residents of the area, or which constitute a public or
private nuisance.
A multiple family dwelling or development that has been
involuntarily damaged or destroyed by fire, flood, wind,
earthquake, or other calamity, or by public enemy, may be
reconstructed up to the original size, placement and
density, except a multiple family dwelling or development
which has been abandoned for a period of ninety (90) or
more consecutive days prior to being involuntarily
damaged or destroyed, or a multiple family dwelling or
development constituting a public nuisance prior to being
involuntarily damaged or destroyed may not be
reconstructed unless the structure is made to comply to all
provisions of the Development Code.
Temecula
17.03.070(G)
1. Whenever a structure which does not comply with the
development standards for front yards, side yards, rear
yards, height of structures, or distances between
structures prescribed in the development standards for
the zone in which the structure is located, or the use of
which does not conform with the development standards
for the zone in which it is located, is destroyed by fire or
other calamity, by act of God, or by the public enemy to
the extent of fifty percent or more, or the structure is
voluntarily razed or is required by law to be razed, the
structure shall not be restored except in full conformity
with the development standards for the zone in which it is
located and the nonconforming use shall not thereafter be
resumed.
2. The extent of damage or partial destruction shall be
based upon the ratio of fifty percent of the estimated
replacement cost of restoring the structure to its condition
prior to such damage or partial destruction, or to fifty
percent of the estimated cost of duplicating the entire
structure as it existed prior to said damage or partial
destruction. Estimates for this purpose shall be made by
S:\jsb\San Jacinto Burn Policy Staff Report.doc
or shall be reviewed and approved by the building official,
and shall be based on the minimum cost of construction in
compliance with the city's building code as the same
exists on the date the estimates are submitted.
3. In accordance with Government Code Section 65863.4,
the restoration and reconstruction restrictions contained in
this subsection shall not apply to any multifamily
residential dwelling which is currently occupied at the time
it was involuntarily damaged or destroyed and which was
legally constructed and occupied at the time of its initial
construction. For purposes of this subsection, the phrase
"multifamily residential dwelling" means any structure
designed for human habitation that has been divided into
two or more legally created independent living quarters.
The application of the restrictions of this subdivision shall
not apply to any multifamily residential dwelling which
constituted a public nuisance prior to being involuntarily
damaged or destroyed, which was abandoned for a period
of one year prior to being involuntarily damaged or
destroyed, or to any property for which the property owner
requests a reduction in density on the property. (Ord. 95-
16 § 2 (part))
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
REQUEST TO SPEAK
CITY COUNCIL AGENDA ITEM #: t r SUBJECT:
DATE: <21./g104i
IN FAVOR: NEUTRAL: ❑
Name: ' )v
Representing: 5 +1 TA/ L 4 6 P1'sj-
Address: P0we vt�
City: 5 �\
C 01(.11 P 4),
IN OPPOSITION: 0
Telephone No.: LL t 7 - —
Individual speakers are limited to three minutes for their presentation. Organized presentations
with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council.
When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate
time. Please make your presentation from the microphone.
HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START
OF THE MEETING.
AGENDA
REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL
FEBRUARY 19, 2004, 7:00 p.m.
San Jacinto Unified School District Board Room
2045 South San Jacinto Avenue, San Jacinto, California
1. ORGANIZATION
1.1 CaII to Order
1.2 Roll Call
1.3 Invocation — Rev. Randy Leeper, Faith Tabernacle, San Jacinto
1.4 Pledge of Allegiance
1.5 Special Presentations
1.5.1 San Jacinto Valley Academy
2. PUBLIC COMMENTS:
Now is the time for the public to address the Council on any subject within the jurisdiction of the
City Council not listed on the agenda. A recap of the nonagendized comments will be addressed
under item number 2.1 during the City's second regular meeting of the month.
2.1 City Manager's Report / Recap of 1/22/04 and 2/5/04 Public Comments
3. PUBLIC HEARING
3.1 Annexation of Property to Landscaping, Lighting and Park District (LLPD)
No. 2 - Annexation No. 14 (Mt. San Jacinto Junior College) / City Attorney
3.1.1 Resolution No. _ / A Resolution Initiating Proceedings for the
Annexation of Property to LLPD No. 2 (Annexation No. 14) /
Approve and Adopt
3.1.2 Resolution No. / A Resolution Approving the Engineer's Report
for the Annexation of Property to LLPD No. 2 (Annexation No. 14) /
Approve and Adopt
3.1.3 Resolution No. / A Resolution Declaring Intention to Annex
Property to LLPD No. 2 (Annexation No. 14) / Approve and Adopt
City Council Agenda
February 19, 2004
Page 2 of 3
3.1.4 Public Hearing / At the conclusion of the public hearing if the City
Council determines that a majority protest does not exist, adopt
Resolution No. / A Resolution Ordering Annexation of Territory
to LLPD No. 2 and Levying Assessments
4. CITY DEPARTMENTS
4.1 Police Activities League (PAL) Building Location and Structure Materials /
Select building site and Authorize staff to solicit proposals for a traditional
wood frame building / Community Development Director
4.2 Burn Policy / Direct staff / City Attorney & Community Development
Director
4.3 Skyview Lane Landscape / Direct staff and recommend funding source /
Public Works Superintendent
4.4 Developer Deposit Policy / Resolution No. _ / A Resolution authorizing
the establishment of a deposit program for expedited review of
development projects /Approve and Adopt / city Attorney
4.5 Resolution No. / A Resolution amending the City's Local Guidelines
for Implementing the California Environmental quality Act (Pub. Resources
Code § 21000 et seq.) / Approve and Adopt / City Attorney & Community
Development Director
4.6 Final Principles for Water Management / Discuss and ratify committee's
approval of "Final" Principles of Water Management / City Attorney —
Special Counsel
4.7 Painting of City Hall / Ratify City Manager's decision to review this capital
request in the context of the budget process / City Manager
5. CONSENT CALENDAR
The matters listed under Consent Calendar are considered routine and will be enacted by one
motion by City Council Members in the form listed. There will be no separate discussion on these
items prior to the motion unless members of the City Council, staff or the public requests a
specified item be removed and/or discussed.
Anyone wishing to discuss a consent calendar item should come forward upon invitation of the
Mayor; state their name, address and the consent calendar item number. Speakers should limit
comments to three (3) minutes.
5.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks
Period Ending 02/19/04 / Approve / Finance Director
5.2 February 5, 2004 Regular Meeting Minutes / Approve / City Clerk
City Council Agenda
February 19, 2004
Facie 3of3
5.3 Ratification of City Manager's Approval and Execution of
Kammeyer and Associates' Contract to conduct ongoing
Landscape Plan Checks and Inspections / Approve / Community
Development Director
6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS
6.1 Committee and/or Agency Agendas / Receive and File / City Clerk
7. CLOSED SESSION
7.1 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One
(1) or more cases
8. ADJOURNMENT
If you challenge any action of the City Council in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing.
CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land
use made by the City Council as a result of a proceeding in which by law a hearing is required to be
given, evidence is required to be taken, and the discretion in the determination of facts is vested in the
City Council, shall be required to commence that action 90 days following the date on which the decision
of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to
Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final.
It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all
respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will
need special assistance beyond what is normally provided, the City will attempt to accommodate you in
every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the
meeting to inform us of your particular needs and to determine if accommodation is feasible.
9. Doody Z. e4aaiaaad city eeen4 oo tke eity San Paaiata, do kew4 cezeed y tkat 9 exv,f,d to de Acted fife
Pxeyocer9 agenda floe 134 day o6 7edayamy, 2004 as 2egao ed 4 face.
AGENDA ITEM 3 I
February 19, 2004
TO: Honorable Mayor and Members of the City Council
FROM: City Attorney
SUBJECT: Annexation of Property to Landscaping, Lighting and Park
District No. 2 of the City of San Jacinto — Annexation No. 14
(Mt. San Jacinto Junior College)
RECOMMENDATION:
1. Adopt the following resolutions:
a. Resolution Initiating Proceedings for the Annexation of Property to
Landscaping, Lighting and Park District No. 2 ("Annexation No. 14")
b. Resolution Approving the Engineer's Report for the Annexation of
Property to Landscaping, Lighting and Park District No. 2 ("Annexation
No. 14").
c. Resolution Declaring Intention to Annex Property to Landscaping,
Lighting and Park District No. 2 ("Annexation No. 14").
2. Conduct Public Hearing and at the conclusion of the public hearing if the
City Council determines that a majority protest does not exist, adopt
Resolution Ordering Annexation of Territory to Landscaping, Lighting and
Park District No. 2 and Levying Assessments.
BACKGROUND:
In connection with the street improvements along Eagle Drive and Country
Village Drive, the City has required that the property adjacent to such
improvements be annexed to Landscaping, Lighting and Park District No. 2 to
finance the cost of maintaining and servicing street lighting along Eagle Drive
and Country Village Drive, which will benefit the adjacent property owned by the
Mount San Jacinto Junior College District. The property proposed to be annexed
to the district will receive the special benefit of the improvements and will be
assessed to pay the costs of maintenance of the street lighting and incidental
expenses of the assessment district.
ORANGE\JR18963.1
Staff is recommending that the City Council take all action that is necessary to
annex the Mount San Jacinto College property during the City Council meeting
on February 19, 2004. The first step is to adopt the Resolution Initiating
Proceedings, which initiates the annexation process by ordering the Engineer of
Record, GFB-Friedrich & Associates, Inc., to prepare the Engineer's Report,
describing in detail the improvements to be financed by the assessment district,
the estimated cost of such improvements and the special benefits that the
property within the assessment district will receive.
The next step in the annexation proceedings is to adopt a resolution approving
the Engineer's Report and a resolution declaring the City Council's intention to
annex the Mount San Jacinto College property to Landscape, Lighting and Park
District No. 2. The resolution of intention also schedules the public hearing on
the annexation and the levy of the assessments upon the property proposed to
be annexed to the District for February 19, 2004. The purpose of the public
hearing is to hear testimony from any interested persons and to consider
objections or protests, if any, to the proposed assessments.
As required by the Act, notices and assessment ballots have been mailed to the
Mount San Jacinto Junior College District, the record owner of the property
proposed to be annexed to the District with instructions to vote and return the
ballot to the City before the conclusion of the public hearing on February 19,
2004. At the conclusion of the public hearing, the City Council should direct the
City Clerk to tally the assessment ballots submitted and to determine whether a
majority protest exists. A majority protest exists if assessment ballots submitted
in opposition to the proposed assessments exceed assessment ballots submitted
in favor of the proposed assessments. If a majority protest exists, the City may
not annex the property to the District or levy the assessments.
If a majority protest does not exist, the City Council may proceed with the
recommended action described above. If annexed, the District will finance the
cost of maintaining and servicing the street lights that will benefit the annexed
property.
BUDGETARY IMPACT:
No cost is attributed to this action.
ORANG EW R18963.1
AGENDA 3. -
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO INITIATING PROCEEDINGS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR
THE ANNEXATION OF PROPERTY TO LANDSCAPING,
LIGHTING AND PARK DISTRICT NO. 2 (ANNEXATION NO.
14) AND ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT
WHEREAS, it has been determined by the City Council ("City Council") of the City of
San Jacinto ("City") that the public interest, convenience and necessity require the
installation, operation, maintenance and servicing of street lights and any improvements
appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways
Code; and
WHEREAS, the City Council has determined that, to finance such facilities and the
maintenance and servicing thereof, certain property that will receive benefit from the
maintenance and servicing of such facilities should be annexed to existing Landscaping,
Lighting and Park District No. 2 of the City of San Jacinto ("District"); and
WHEREAS, the proceedings for the annexation of such property to the District are
authorized by and will be conducted pursuant to the provisions of the Landscaping and
Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the
California Streets and Highways Code; and
WHEREAS, the City Council has also determined that proceedings for the levy of
assessments on such property to pay the costs of the maintenance and servicing of such
facilities during fiscal year 2003-04 should also be conducted pursuant to Chapter 3
(commencing with Section 22620) of Part 2 of Division 15 of the California Streets and
Highways Code.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
SECTION 1.
ORANGE\JR\8942.1
The City Council proposes to annex certain property to the
District pursuant to the Landscaping and Lighting Act of 1972,
Part 2 (commencing with Section 25000) of Division 15 of the
California Streets and Highways Code.
SECTION 2. The Improvements shall include the following:
(a) the installation or construction of public lighting,
facilities;
SECTION 3.
(b) the installation or construction of any facilities which are
appurtenant to any improvements listed in subsection
(a) or which are necessary or convenient for the
maintenance or servicing thereof including, but not
limited to, electrical facilities; and
(c) the maintenance and servicing of any of the foregoing.
The property to be specifically charged for the maintenance
and servicing of such improvements is generally located at the
northeast corner of Eagle Drive and Country Village Drive in
the City of San Jacinto, County of Riverside, is identified by
Riverside County Assessor's Parcel Number433-050-011, and
shall be designated "Annexation No. 14 to Landscaping,
Lighting and Park District No. 2".
SECTION 4. The property described in Section 3, which is proposed to be
included within the proposed boundaries of Annexation No. 14
to the District may be presently included in Landscaping,
Lighting and Park District No. 1 of the City of San Jacinto.
Upon the completion of proceedings for the annexation of such
property to the District it shall be detached from such other
district.
SECTION 5.
ORANGE \JR\8942.i
GFB-Friedrich and Associates, Inc., the District's engineer
("Engineer"), is ordered to prepare and file a report in
accordance with Article 4 (commencing with Section 22565) of
Chapter 1 of Part 2 of Division 15 of the California Streets and
Highways Code with respect to the annexation of the property
described in Section 3 hereof to the District and the levy of
assessments on such property to pay the costs of the
maintenance and servicing of the improvements described in
Section 2 hereof during fiscal year 2003-04. Upon completion,
the Engineer shall file said report with the City Clerk of the City
Council for submission to the City Council.
ADOPTED, SIGNED AND APPROVED this 19th day of February, 2004.
City of San Jacinto
By Jim Ayres, Mayor
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
John E. Brown, City Attorney
Best Best & Krieger LLP
ORANGE \JR\8942..
CERTIFICATION
I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing
resolution was passed, adopted and approved at a regular meeting of the City Council of
the City of San Jacinto held on the 1 9tn day of February, 2004, by the following vote:
Ayes:
Nayes:
Absent:
Abstain:
WITNESS MY HAND AND OFFICAL SEAL this day of , 2004
Dorothy L. Chouinard, City Clerk
ORANGE\JR\8942.1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO APPROVING ENGINEER'S REPORT FOR THE
ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND
PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO
(ANNEXATION NO. 14)
WHEREAS, on February 19, 2004, the City Council of the City of San Jacinto
("City Council"), adopted Resolution No. initiating proceedings for the annexation
of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto
("District") and ordered GFB - Friedrich and Associates Inc., the Engineer of Record, to
prepare and file a report in accordance with Section 22565 of the California Streets and
Highways Code ("Code"); and
WHEREAS, the Engineer of Record has filed with the City Clerk its report
("Engineer's Report") containing the matters specified in Section 22565 through 22574
of the Code; and
WHEREAS, the Engineer's Report has been duly presented by the City Clerk to
the City Council for consideration and has been fully considered by the City Council,
and this City Council finds that each and every part of the Engineer's Report is
sufficient, and that no portion of the report requires or should be modified in any
respect.
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City
Council of the City of San Jacinto, as follows:
SECTION 1.
SECTION 2.
ORANGE1JR18958. I
The Engineer's estimate of the itemized costs and expenses
of the installation, operation, maintenance and servicing of
street lights and any improvements appurtenant thereto and
the incidental expenses in connection therewith, contained in
the Engineer's Report shall be, and each of them are
hereby, preliminarily approved and confirmed.
The diagrams showing the property proposed to be annexed
to the District referred to and described in the Engineer's
Report and the boundaries of the property proposed to be
annexed to said District as the same existed at the time of
passage of Resolution No. , are hereby preliminarily
approved and confirmed.
SECTION 3.
SECTION 4.
The proposed assessments upon the property proposed to
be annexed to the District are in proportion to the estimated
benefit to be received by said property, respectively, from
said improvements and of the incidental expenses thereof,
as contained in the Engineer's Report.
Said Report shall stand as the Engineer's Report for the
purposes of all subsequent proceedings for Annexation No.
14 to the District.
SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall
attest and certify to the passage and adoption thereof.
ADOPTED, SIGNED AND APPROVED this 19th day of February, 2004.
City of San Jacinto
By Jim Ayres, Mayor
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
John E. Brown, City Attorney
Best Best & Krieger LLP
ORANGEUR\8958.1
CERTIFICATION
I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the
foregoing resolution was passed, adopted and approved at a regular meeting of the City
Council of the City of San Jacinto held on the 19th day of February, 2004, by the
following vote:
Ayes:
Nayes:
Absent:
Abstain:
WITNESS MY HAND AND OFFICAL SEAL this day of , 2004
Dorothy L. Chouinard, City Clerk
ORANGEU R\895 8. I
ENGINEER'S REPORT
Annexation No. 14: CITY OF SAN JACINTO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2
Preliminary Date: February 19, 2004
Confirmed Date: February 19, 2004
INTRODUCTION
Pursuant to the order of the City Council of the City of San Jacinto, this report is prepared in
compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
This report presents the engineering analysis for the Annexation No. 14 to the district known as
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 in the CITY OF SAN JACINTO
(hereinafter referred to as "District").
This District, by special benefit assessments, provides funding for the installation, operation,
maintenance and servicing of street lights and traffic signals; the installation, maintenance and
servicing of landscaped areas (parkways, medians, open space, detention/retention basins, etc.);
the installation, operation, maintenance and servicing of municipal parks; the installation,
operation, maintenance and servicing of drainage facilities; and graffiti removal from horizontal
and vertical surfaces which are appurtenant to the above items; all of which are located in public
rights -of -way or easements in the District.
Reference is hereby made to the:
ENGINEER'S REPORT
Formation of
CITY OF SAN JACINTO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2
Fiscal Year 2003-2004,
that was confirmed on April 4, 2002, and is hereinafter referred to as the "Master Engineer's
Report," which is hereby incorporated herein as though set forth in full.
BOUNDARIES OF DISTRICT
The proposed boundary of Annexation No. 14 to the District is completely within the City Limits
of the City of San Jacinto and is shown on the Boundary Map (attached hereto as Exhibit "A"
and incorporated herein by reference and on file in the office of the City Clerk at the San Jacinto
City Hall). Exhibit "A" serves as the Assessment Diagram for Zone 14 of the District and a copy
of said Exhibit "A" may be found in the Appendix to this Report. The
boundary includes the parcel of land that is located adjacent to the street lighting that will be
funded by this assessment district. Said parcel of real property included within the District is
described in detail on maps on file in the Riverside County Assessor's office or by an Assessor
Parcel Number description.
Zones
The 1972 Act provides for areas within a district to be classified into different zones.
Annexation No. 14 to Landscaping, Lighting and Park District No. 2 is comprised of a single
zone. The costs of the installation, operation, maintenance and servicing of the street lighting
improvements and facilities within this zone, will be separately determined, and incidental
costs will be prorated and added to determine the total cost. This zone is comprised of one
parcel of land on which Mount San Jacinto College is situated and is designated as Zone 14.
Future annexations will be assigned Zone designations; e.g. Zone 15, Zone 16, Zone 16A,
Zone 17, etc., as appropriate.
IMPROVEMENTS
The authorized facilities and items of servicing and maintenance are described in the "Master
Engineer's Report." Said description is included within this report by reference. A copy of
said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San
Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Zone 14 Improvements
The improvements included in Zone 14 to be installed, operated, serviced, and maintained are
street lights.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Plans and Specifications
The plans and specifications showing and describing the general nature, location and extent of
the improvements to be operated and maintained within Annexation No. 14 are on file in the
office of the City Clerk and are incorporated herein by reference.
FINANCIAL ANALYSIS
The estimated annual cost requirements for Zone 14, for the improvements described in the
"Improvements" section of this report, are summarized in Exhibit "B", attached hereto and
incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for
each improvement or facility, and for incidental costs to be funded by the District.
LLPD No. 2 - Engineer's Report 2 Annexation No. 14
Notes:
1. Incidental Costs are prorated in proportion to the respective servicing and maintenance
costs for each facility or improvement.
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this report is
apportioned by a formula and method which fairly distributes the total assessments among all
assessable lots or parcels in proportion to the estimated special benefit to be received by each
lot or parcel from the improvements. Said method is described in the "Master Engineer's
Report" and is included within this report by reference. A copy of said "Master Engineer's
Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be
reviewed, or a copy obtained, at City Hall during normal business hours.
ASSESSMENT FORMULA
The basic formula used to calculate the amount allocated to each lot or parcel within the
District for each type of improvement or facility is described in the "Master Engineer's
Report." Said formula, including but not limited to, the table entitled "ASSESSMENT
FORMULA USING ASSESSMENT UNIT (AU) METHOD," and subsections entitled Special
Benefit Analysis, Street Classification and corresponding General Benefit (%), and Assessment
of Public Property is included within this report by reference. Such facilities include street
lights. All of said facilities require maintenance for which the parcel designated by Assessor
Parcel Number 433-050-011 will be assessed for funding through Landscaping, Lighting and
Park District No. 2, Annexation No. 14 (the subject of this Report).
LIMITATION ON INCREASE OF ANNUAL ASSESSMENT
The City Council intends to increase assessments, on an annual basis when necessary, in
accordance with the Consumer Price Index for all Urban Consumers for the Los Angeles -
Anaheim -Riverside area, published by the United States Department of Labor, Bureau of
Labor Statistics; provided however, that any such annual increase shall not exceed seven and
one-half percent (7.5 %). The current Southern California telephone number for the Consumer
Price Index (CPI) Hotline is (310) 235-6884.
ASSESSMENT SPREAD
The individual Zone 14 assessments, tabulated by Assessor's Parcel Number or other form of
identification, are shown on the Assessment Spread on file in the Office of the City Clerk of
the City of San Jacinto and attached hereto as Exhibit "C." The total cost of the improvements
described in the "Improvements" section of the report for Annexation No. 14 for fiscal year
2004-2005 is estimated to be $481.97 . The maximum annual assessment for the 2004-2005
fiscal year is $481.97 for the single parcel.
LLPD No. 2 - Engineer's Report 3 Annexation No. 14
DRICH & ASSOC., INC.
JOHN A. FRIEDRICH, P.E.
ASSESSMENT ENGINEER
Date: —
LLPD No. 2 - Engineer's Report 4 Annexation No. 14
APPENDIX
EXHIBITS
Exhibit "A" - Boundary Map
Exhibit "B" - Cost Estimate
Exhibit "C" - Assessment Spread
.fC 1 Of
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RAMONA EXPRESSY/A
EXIT -A-
BOUNDARY MAP
LANDSCAPING, LIGHTING AND
PARK DISTRICT NO. 2
ANNEXATION NO. 14
for the
CITY OF RAN JACINTO
FIICAL YEAR 1004-1001
ZONE 14
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CITY OF SAN JACINTO
LIGHTING, LANDSCAPING AND PARK DISTRICT NO. 2
Annexation No. 11
(Zone 14)
COST ESTIMATE
Item
Quantity
Unit
Unit Cost/
Month
Siren
Lights
Park Maintenance
Landscape Maintenance
Storm Drain Maint.
Graffiti Removal
TOTALS
CosUMo.
Costar.
Cost/Mo.
Costar.
Cost/Mo.
Costar.
CosUMo.
Cost/Yr.
Cost/Mo.
Cost/Yr.
Per Month
Par Year
Mount San Jacinto College
(1 Parcel)
Street Lights
538.48
(i1924)'
519.24
51.92
521.16
52.92
52.67
52.08
$4.17
$2.17
51.67
$3.33
$461.76
1f230.88
$230.88
523.09
$253.97
535.00
532.00
525.00
550.00
$26.00
520.00
540.00
'• "
50.00
S0.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
•.:
7:7rr r-
50.00
50.00
S0.00
50.00
50.00
$0.00
50.00
50.00
$0.00
50.00
"• w1•.
50.00
50.00
S0.00
$0.00
$0.00
50.00
50.00
$0.00
50.00
50.00
50.00
$0.00
50.00
50.00
S0.00
50.00
50.00
$0.00
$0.00
50.00
$0.00
$0 00
50.00
50.00
50.00
50.00
S0.00
50.00
50.00
$0.00
-
50.00
50 00
50.00
50.00
50.00
50.00
50.00
$0.00
$0.00
50.00
$0.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
$0.00
50.00
$0.00
$0.00
50.00
50.00
S0.00
$0.00
50.00
50.00
50.00
$38 48
519.24
51.92
521.16
52.92
52.67
52.08
54.17
52.17
51.67
53.33
$461.76
$230.88
523.09
5253.97
535.00
532.00
525.00
$50.00
526.00
$20.00
$40.00
9,500 lumen
less Geridfal. ehe1H.'59,62/Lightx. ibilits
Subtotal, Maintenance and Servicing
Contingency (10%)
TOTAL, Maintenance and Servicing
Incidental Costs
4
1 ..
Ea.
.., TM
59.62
•..... r`
Assessment Engineer
Legal Counsel
City Administration
City Inspection Costs
County Collection Fees
Miscellaneous
Reserve Fund
1
1
1
1
1
1
1
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
$35 / yr
532 1 yr
525 lyr
$50 / yr
526 / yr
520 /yr
540 / yr
TOTAL, Incidental Costs
5228 / yr
$19.00
0.00
$228.00
0.00
50.00
0.o0
50.00
0.00
50.00
0.00
$0.00
0.00
50.00
0.00
50.00
0.00
$0.00
0.00
50.00
0.00
$19.00
0.00
5228.00
0.00
Contdhutions 10 the District
TOTAL AMOUNT TO ASSESSMENT
$40 16
5481.97
_
50.00
50.00
50.00
50.00
$0.00
50.00
$0.00
50.00
540.16
5481.97
Assessment per Lot = 5481.97
R-1
Exhibit "B"
CITY OF SAN JACINTO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2
Annexation No. 14
(Zone 14)
ASSESSMENT SPREAD
Parcel
Identification
(APN)
Property Owner Name
Existing
Land Use
Code
Assessable
Acreage
(acres)
Asmt.
Units
(AU)
Street Lights
Park
Maint.
Landscape
Maint.
Storm
Drain
Maint.
Graffiti
Removal
Dollars
per AU
($)
Assessment
per Parcel
($)
Mount San Jacinto
(One Parcel)
433-050-011
College
IMt. San Jacinto Jr. College District
R1
nla
1.00
$481.97
$0.00
$0.00
$0.00
$0.00
$481.97
$481.93
TOTALS
1.00
$481.97
$0.00
$0.00
$0.00
$0.00
$481.93
Current Ownership: Mount San Jacinto Junior College District
Address: 1499 North State Street, San Jacinto, CA 92583
February 3, 2004
C-1
Exhibit "C"
1,3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2, TO
LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY
FOR FISCAL YEAR 2003-2004 AND PROVIDING NOTICE OF
TIME AND PLACE OF A HEARING ON THE PROPOSED
ANNEXATION AND THE PROPOSED ASSESSMENTS,
DETERMINING DURATION OF SUCH ASSESSMENTS AND
ANNUAL INCREASES IN AMOUNTS THEREOF AND
PROVIDING FOR ELECTION THEREON (ANNEXATION NO. 14)
WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City")
has initiated proceedings for the annexation of certain property to Landscaping, Lighting
and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the
Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of
Division 15 of the Streets and Highways Code ("Act"), for the installation, operation,
maintenance and servicing of street lights and any improvements appurtenant thereto
as provided in Section 22525 of the California Streets and Highways Code; and
WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc.
has filed with the City Clerk a report regarding the assessments which are proposed to
be levied and collected from the owners of assessable property within the District to pay
the costs of the installation, operation, maintenance and servicing of street lights and
improvements appurtenant thereto, and that report has been presented to and
considered by the City Council; and
WHEREAS, upon the annexation of such property to the District, and to the
extent such property is included within Landscaping, Lighting and Park District No. 1
and the assessments levied thereby finance the same Improvements provided by the
District, it should be detached from Landscaping, Lighting and Park District No.1.
WHEREAS, it is necessary that the City Council adopt a resolution of intention
pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix
and give notice of the time and place of a public hearing on said report, the proposed
annexation of such property to the District and the proposed assessments.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
ORANGE., R\8962.1
SECTION 1. Findings. The City Council of the City of San Jacinto finds
that:
SECTION 2.
(a) The foregoing recitals are true and correct;
(b) The report of GFB - Friedrich and Associates, Inc.
(the "Report") contains all matters required by
Sections 22565 through 22574 of the Streets and
Highways Code and may, therefore, be approved by
the City Council;
(c) The assessments, which are proposed to be levied for
fiscal year 2003-2004 on all parcels of assessable
property that are proposed to be annexed to
Landscaping, Lighting and Park District No. 2, are
based on special benefit conferred upon each such
parcel from the payment of the cost of the installation,
operation, maintenance and servicing of street lights
and appurtenant improvements;
(d) The proportionate special benefit derived by each
such parcel has been determined in relationship to
the entirety of the capital cost of the installation,
operation, maintenance and servicing of street lights
and appurtenant improvements;
(e)
The amount of the assessment which is proposed to
be assessed on each such parcel is based upon and
will not exceed the reasonable cost of the proportional
special benefit conferred on that parcel.
Intention. The City Council declares that it intends to annex
the property described in Section 4 to the District, to detach
such property from Landscaping, Lighting and Park District
No. 1, and to levy assessments on all lots and parcels of
assessable property which are proposed to be annexed to
Landscaping, Lighting and Park District No. 2 of the City of
San Jacinto for fiscal year 2003-2004 in the amount set forth
in the Report. Such assessments will be collected at the
same time and in the same manner as county taxes are
collected, and all laws providing for the collection and
enforcement of county taxes shall apply to the collection and
enforcement of the assessments.
SECTION 3. Improvements. The Improvements which shall be provided
for the property proposed to be annexed to the District by
ORANG EU R\8962 I
and through the assessments levied annually thereon shall
include the following:
(a) the installation or construction of public lighting,
facilities, including, but not limited to, street lights;
(b) the installation or construction of any facilities which
are appurtenant to any improvements listed in (a) or
which are necessary or convenient for the
maintenance or servicing thereof including, but not
limited to, electrical facilities; and
(c) the maintenance and servicing of any of the
foregoing.
SECTION 4. Annexation to Assessment District. The distinctive
designation of the annexation is "Annexation No. 14 to
Landscaping, Lighting and Park District No. 2 of the City of
San Jacinto." The property which is proposed to be annexed
to the District and which comprises Annexation No. 14 is all
the property which is identified by Riverside County
Assessor's Parcel Number 433-050-011. Upon the
completion of the annexation proceedings, the property
which comprises Annexation No. 14 will be designated as
Zone 14 of the District ("Zone 14"). The boundaries of
Annexation No. 14 or Zone 14 are further described and
shown in the Report. The territory included within Zone 14 is
generally located at the northeast corner at Eagle Drive and
Country Village Drive in the City of San Jacinto, County of
Riverside. Upon completion of the annexation proceedings,
such territory shall be detached from existing Landscaping,
Lighting and Park District No. 1.
SECTION 5. Report and Assessments. The Report, which is on file with
the City Clerk of the City Council, and which has been
presented to the City Council at the meeting at which this
resolution is adopted, is approved. Reference is made to the
Report for a full and detailed description of the
Improvements, the boundaries of Annexation No. 14 and the
assessments which are proposed to be levied on the
assessable lots and parcels of property within Zone 14 for
fiscal year 2003-2004.
SECTION 6.
ORANGEIR18962. I
Duration of Assessments and Inflation Increases and
Election Thereon. The assessments shall be levied on all
parcels of assessable property within Annexation No. 14 or
Zone 14 of the District, as identified in the Report, so long as
the assessments are necessary to finance the Improvements
specified in Section 3 and the maintenance and servicing
thereof. The assessment amounts contained in the Report
shall be subject to an annual adjustment or increase in an
amount equal to the percentage increase in the Consumer
Price Index — All Urban Consumers for the Los Angeles —
Anaheim — Riverside Area; provided however that the
amount of the assessment to be levied on any assessable
parcel in any fiscal year shall not be increased by more than
seven and one—half percent (7.5%), and the amount of the
assessment to be levied on any parcel in any fiscal year
shall not in any event exceed the actual total cost of the
proportional special benefit conferred on that parcel. The
assessment ballots, which are to be mailed to the owners of
assessable parcels of property in Annexation No. 14 or Zone
14, as provided in Section 8 hereof, shall clearly indicate that
the property owners are voting on the duration of and annual
increases in the amount of the assessments as specified
above.
SECTION 7. Hearinq. The time and place of the hearing required by
Section 22587 through 22594 of the Streets and Highways
Code concerning the proposed annexation of the property
described in Section 4 hereof to the District, the proposed
detachment from Landscaping, Lighting and Park District
No.1, and the assessments which are proposed to be levied
for fiscal year 2003-2004 is set for 7:00 p.m. on February 19,
2004, at the San Jacinto Unified School District Board
Room, located at 2045 S. San Jacinto Avenue, San Jacinto,
California.
SECTION 8.
ORANGE IR18962.1
Notice of Hearinq and Ballots. The City Clerk of the City
Council shall mail notice of the proposed annexation and the
proposed assessments and of the time and place of the
public hearing, as specified in Section 7 hereof, to the record
owner of each assessable parcel of property identified in the
Report. Such notice shall specify the total amount of the
assessment chargeable to all the property within Annexation
No. 14 or Zone 14 to Landscaping, Lighting and Park District
No. 2, the amount chargeable to each owner's particular
parcel, the duration of the assessments, the reason for the
assessments and the basis upon which the amount of the
proposed assessments was calculated, together with the
date, time and location of the public hearing on the proposed
assessments as specified in Section 7 hereof. The notice
shall include, in a conspicuous place, thereon, a summary of
the procedures applicable to the completion, return and
tabulation of the assessment ballots, which will accompany
the notice and shall include a statement that the existence of
a majority protest will result in the assessments not being
levied, and that a majority protest will exist if, upon the
conclusion of the hearing, ballots submitted in opposition to
the assessments exceed the ballots submitted in favor of the
assessments. Each such notice mailed to owners of
identified parcels within Annexation No. 14 or Zone 14 to
Landscaping, Lighting and Park District No. 2 shall contain a
ballot which includes the City's address for receipt of any
ballot when completed by any owner receiving such notice
whereby each such owner may indicate his or her name,
reasonable identification of the parcel and support or
opposition to the proposed assessments.
SECTION 9. That the Mayor shall sign this Resolution and the City Clerk
shall attest and certify to the passage and adoption thereof.
APPROVED, ADOPTED AND SIGNED this 19th day of February, 2004.
City of San Jacinto
By Jim Ayres, Mayor
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
John E. Brown, City Attorney
Best Best & Krieger LLP
ORANGEUR\8962.1
CERTIFICATION
I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the
foregoing resolution was passed, adopted and approved at a regular meeting of the City
Council of the City of San Jacinto held on the 19th day of February, 2004, by the
following vote:
Ayes:
Nayes:
Absent:
Abstain:
WITNESS MY HAND AND OFFICAL SEAL this day of , 2004
Dorothy L. Chouinard, City Clerk
ORAN G ElI R\8962.1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO ORDERING THE ANNEXATION OF
TERRITORY TO LANDSCAPING, LIGHTING AND PARK
DISTRICT NO. 2 AND LEVYING ASSESSMENTS
(ANNEXATION NO. 14)
WHEREAS, on February 19, 2004, the City Council ("City Council") of the City of
San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain
territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which
was designated for purposes of such proceedings as "Annexation No. 14" and "Zone
14," and scheduling a public hearing thereon; and
WHEREAS, by Resolution No. , the City Council approved the report "of
GFB-Friedrich and Associates, Inc., the Engineer of Record ("Report") which contained,
among other matters, the proposed assessments to be levied for fiscal year 2003-04
upon assessable lots and parcels of land within the territory which comprises
Annexation No. 14 to and Zone 14 of the Assessment District; and
WHEREAS, pursuant to Section 53753 of the Government Code, by Resolution
No. the City Council directed the City Clerk ("City Clerk") to cause notice of the
proposed annexation and the proposed assessments and of the time and place of the
public hearing thereon to be mailed to the record owner of each parcel of property
identified in the Report and further directed that each such mailed notice contain an
assessment ballot upon which the property owner could indicate his or her support or
opposition to the proposed assessments; and
WHEREAS, the City Council has conducted the public hearing with respect to
the annexation of the territory proposed to be annexed to the Assessment District and
has received a report from the City Clerk regarding the tabulation of the assessment
ballots submitted, and not withdrawn, in support of or opposition to the proposed
assessments advising that the ballots which were received were voted in favor of the
proposed assessments and that a majority protest does not therefore exist; and
WHEREAS, by Resolution No. , the City Council determined that upon the
annexation of such property to the Assessment District it should be detached from
Landscaping, Lighting and Park District No. 1 to the extent the assessments levied
thereby finance the same improvements provided for by the Assessment District.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
ORANGEUR\8975.1
SECTION 1. Findings. The findings recited in the preceding paragraphs
are true and correct.
SECTION 2. Assessment District. The Assessment District is
Landscaping, Lighting and Park District No. 2 of the City of
San Jacinto. The territory which is proposed to be annexed
to the Assessment District and which comprises Annexation
No. 14 is described in the Report and includes all of the
property which is identified as Riverside County Assessor's
Parcel Number 433-050-011 and generally located at the
northeast corner of Eagle Drive and Country Village Drive in
the City of San Jacinto, County of Riverside.
SECTION 3.
SECTION 4.
ORANGEV R18975.1
Improvements. The improvements within and for the
Assessment District and which shall be provided for Zone 14
of the Assessment District through the assessments levied
annually on property therein shall include the following:
(a) the installation or construction of public lighting,
facilities, including, but not limited to, street lights;
(b) the installation or construction of any facilities which
are appurtenant to any improvements listed in (a) or
which are necessary or convenient for the
maintenance or servicing thereof including, but not
limited to, electrical facilities; and
(c) the maintenance and servicing of any of the
foregoing.
Annexation; Designation of Zone; Detachment. The territory
comprising Annexation No. 14, as described in Section 2
hereof, is annexed to Landscaping, Lighting and Park District
No. 2 of the City of San Jacinto. The diagram of the
Assessment District, as modified to include Annexation No.
14 and as contained in the Report, is confirmed. Such
annexed territory is designated as Zone 14 of the
Assessment District. The territory comprising Annexation No.
14 and Zone 14 of the Assessment District shall be and is
detached from Landscaping, Lighting and Park District No. 1
of the City of San Jacinto to the extent included within
Landscaping, Lighting and Park District No. 1.
SECTION 5.
SECTION 6.
Levy of Assessments; Annual Increases; Duration. The
assessments proposed to be levied on the lots and parcels
within Zone 14 of the Assessment District for fiscal year
2003-04 in the amounts set forth in the Report and in the
assessment ballot mailed to and returned by the owners of
the property comprising Annexation No. 14 shall be and are
confirmed and levied. Pursuant to Section 6 of Resolution
No. , and as specified in such ballot, the annual amount
of the assessment to be levied on each parcel of property in
Zone 14 of the Assessment District shall be subject to an
annual adjustment or increase in an amount equal to the
percentage increase in the Consumer Price Index -All Urban
Consumers for Los Angeles - Anaheim - Riverside Area;
provided, however, that the amount of the assessment to be
levied on any parcel in any fiscal year shall not be increased
by more than seven and one-half percent (7.5%) and the
amount of the assessment to be levied on any parcel in any
fiscal year shall not, in any event, exceed the actual total
cost of the proportional special benefit conferred on that
parcel. The assessments shall be levied annually on
assessable lots and parcels of property in Zone 14 so long
as the assessments are necessary to finance the cost of the
operation, maintenance and servicing of the improvements
specified in Section 3 within and for Zone 14.
Filing With the County Auditor. The City Clerk shall cause
the diagram and assessment as confirmed and levied
hereby to be filed with the County Auditor of the County of
Riverside as required by Section 22641 of the Streets and
Highways Code.
SECTION 7. That the Mayor shall sign this Resolution and the City Clerk
shall attest and certify to the passage and adoption thereof.
APPROVED, ADOPTED, AND SIGNED this 19th day of February, 2004.
City of San Jacinto
By Jim Ayres, Mayor
ORANGEUR18975. I
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
John E. Brown, City Attorney
Best Best & Krieger LLP
CERTIFICATION
I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the
foregoing resolution was passed, adopted and approved at a regular meeting of the City
Council of the City of San Jacinto held on the 19th day of February, 2004, by the
following vote:
Ayes:
Nays:
Absent:
Abstain:
WITNESS MY HAND AND OFFICAL SEAL this day of , 2004
Dorothy L. Chouinard, City Clerk
ORANGEUR18975. I
AGENDA ITEM 4 1
February 19, 2004
TO: The Honorable City Council
FROM: Tim Hults, Community Development Director
SUBJECT: Police Activities League (PAL) Building — Location and Materials
RECOMMENDATION:
By motion, select a location and authorize Staff to solicit proposals for a traditional wood
frame building for the new home of the San Jacinto PAL program.
BACKGROUND:
On December 4, 2003, the City Council reprogrammed $40,000 toward the relocation of the
San Jacinto PAL program and the installation of a modular building to house the PAL
activities. The reprogramming action, coupled with a similar action ($60,000) by the
Riverside County Board of Supervisors, provides for a relocation and building acquisition
budget of $100,000. On December 18, 2003, Council authorized Staff to explore locations
for the PAL building and to explore construction materials other than a modular building.
LOCATION
Staff has analyzed potential locations for the proposed PAL facility and suggests that two
locations be considered, Monte Vista Middle School and Sallee Park. The attached aerial
map identifies the specific locations within each facility for the proposed building. On the
Monte Vista campus, the proposed location is along First Street, southwest of and outside
the fenced area of the track. At Sallee Park, the proposed location is south of the ball
diamond and swimming pool in the open grass area of the park.
Page 1 of 3
Both locations have their pros and cons. Below, will be a discussion of the pros and cons of
each location.
Monte Vista Campus
The proposed location on the campus is where former Valley Wide Teen Center was
housed. As such, all the necessary utilities to serve the site are in place and could be easily
connected the proposed building. Additionally, the site is readily accessible and highly visible
as it fronts on First Street and is adjacent to the parking lot for the church and skate park.
However, the site has an old slab that would have to be removed, and is located away from
the recreational facilities of the park. Additionally, there is some question as to whether the
School Board would support the use of the campus for the PAL building, and if so, there
would likely be significant restrictions placed upon use by the school district, such as
limitations on the hours of operation (open when school is not is session) and limitations as to
who would be allowed to enter school property to access the facility.
Sallee Park
As stated above, the proposed location at Sallee Park is the open grass area south of the
ball diamond and pool. Within this area of the park, there is adequate room to accommodate
the proposed building. Additionally, the existing recreational improvements would
compliment the PAL operation and the range of activities offered by the PAL program.
Furthermore, the City would dictate the hours of operations and any use limitations. The
problems associated with Sallee Park include the modification and disruption of the newly
renovated facility, the lack of utilities at the park to serve the building, the cost to extend the
utilities and cost of site preparation to serve the building.
Site preparation would include excavation work for the foundation, excavation of trenches for
the water, sewer and electrical lines, and any flat work for walkways and steps. The site
preparation is estimated $30,000. This cost could potentially be reduced if City crews
conduct the site preparation and do not include such activities in the contact for the project.
Additional positives with Sallee Park, are that the building would be a permanent addition to
the park, would provide an element of additional security at the park, and park funds could
contribute toward the construction of the building and site preparation should the project
exceed the amount budgeted.
MATERIALS
Staff recommends that the City Council authorize the construction of 3,400 square -foot wood
frame and stucco building on a slab. The wood frame and stucco building is substantially
more aesthetically pleasing than either a modular building or metal building. Additionally, the
wood frame and stucco building has a longer useful life than the other two methods and is
generally more energy efficient.
Page 2 of 3
Staff has contacted a number of builders to ascertain if a 3,400 square -foot wood frame and
stucco building could be constructed within the PAL program's budgetary parameters. All the
builders contacted indicated that such a building could be built within the PAL program's
budget parameters. However, all indicated that the extent of interior partition walls, flooring,
electrical fixtures and outlets, plumbing fixtures and outlets, mechanical heating and cooling
equipment will dictate the overall cost of the building. As such, it was suggested that the PAL
program solicit volunteer labor and/or donations of materials to help lower the cost to ensure
the project stays within budgeted objectives.
JUSTIFICATION:
Either location is sufficient to accommodate the PAL program. Additionally, each location
has both positives and negatives associated with it. The use of wood frame and stucco is
more aesthetically pleasing than either a modular building or metal building. Additionally, the
wood frame and stucco building has a longer useful life than the other two methods and is
generally more energy efficient.
BUDGETARY IMPACT:
Both the City and County have allocated CDBG funds toward the project in the amount of
$100,000. Park Development funds could be allocated provided Sallee Park is selected as
the suitable location and the project costs exceed the budgeted amount.
ATTACHMENTS:
Aerial Photograph showing the proposed locations
Page 3of3
Ir
GG .1.
SFffOND $T - -- SECON[15T SEC _41
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THIRD 1RQ 5
AGENDA ITEM 4• ),
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: City Attorney and Community Development Director
SUBJECT: Burn Policy
RECOMMENDATION:
Take the following action in the order listed:
1. Direct City staff as to Council's desire for modification, if any, to City's Burn Policy.
BACKGROUND:
The City's Development Code provides that if a building containing a non -conforming use
is destroyed by certain catastophies such that 50% of the value of the structure needs
replacing then it cannot be re -built, except in accordance with the current development
code requirements. Recently, this policy has been questioned as the result of a property
owner apparently being unable to sell property as the result of lenders apparently being
unwilling to provide a loan secured by such property.
As the attached table indicates, the limitations on reconstruction following catastrophic
events generally can be characterized as some variation of the following:
Ability to rebuild if damage is below a specified amount: Hemet (50%), San Jacinto (50%),
Colton (50%), Indian Wells (75%), Temecula (50%)
Ability to rebuild, subject to discretionary review: Moreno Valley (Administrative Site Plan);
Murrieta (Minor CUP, if over 50% damaged); Ontario (Planning Commission hearing if over
50% damaged)
Nearly unrestricted ability to rebuild: Riverside County (subject to amortization period),
Long Beach (no increase in floor area)
Page 1 of 8
S:\jsb\San Jacinto \Bum Policy Staff Report.doc
City Manage L
Finance Director: —7i/ MI
JUSTIFICATION:
The City staff needs direction as to the City Council's desire on this policy.
BUDGETARY IMPACT:
The approval of this resolution will likely have no budgetary impact.
ATTACHMENTS:
Description of other cities and Riverside County's non -conforming use provisions
Page 2 of 8
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
City/County
Code Section
Ordinance Text
Hemet
90-61(a)
Whenever a structure which does not comply with the
minimum development standards and site development
requirements for the zone in which the structure is
located, is damaged by fire, calamity, act of God or by the
public enemy to the extent of 50 percent or less of the
value of the structure as determined by the building
official, based upon the latest International Conference of
Building Officials Building Valuation Data Table, the
structure may be restored. The restoration shall be started
within 12 months from the date of damage and diligently
pursued to completion. When the damage exceeds 50
percent or the structure is razed for any reason, the
structure shall not be restored except in full conformity
with the regulations for the zone in which it is located.
(Ord. No 1585, § 8-25-98)
Riverside
County
17.184.090(B)
The provisions of this chapter [generally limiting increases
to 25% of floor area, but imposing objective time limits on
continuance of nonconformities] shall not prevent the
reconstruction, repairing, rebuilding or replacement and
continued use of any nonconforming structure that is
damaged by fire, explosion or acts of God; provided,
however, any such rebuilding, reconstruction or repairing
shall not extend the period of nonconforming time in
which the use must be eliminated. (Ord. 348.3928 § 2
(part), 2000: Ord. 348 § 18.8(h), (i))
Moreno
Valley
9.02.180(G)
1. Whenever a legal nonconforming use or improvement
is destroyed by fire, calamity or act of God, to the extent
of fifty (50) percent or less, the improvement may be
restored and the nonconforming use may be resumed,
provided that restoration is started within one year and
diligently pursued to completion. When the destruction
exceeds fifty (50) percent or the structure is voluntarily
razed or is required by law to be razed, the structure shall
not be restored except in full conformity with the
regulations for the zone in which it is located and the
nonconforming use shall not be resumed.
2. If the use or improvement is destroyed by fire, calamity
or act of God, to the extent of fifty (50) percent or more,
the use or improvement may not be restored except as
provided for below in subparagraphs 5, 6, 7 and 8.
4. Any legal nonconforming improvement rebuilt after
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
destruction by fire, calamity, or act of God, shall to the
degree feasible, be rebuilt to eliminate or reduce the
nonconformity with the regulations for the district in which
it is located.
5. In any district, a legal nonconforming residential use
destroyed by fire, calamity or act of God may be restored
and the use may be resumed, provided that the
restoration is started within three years and diligently
pursued to completion.
6. In any district, a legal nonconforming place of worship
or other quasi -public use or improvement destroyed by
fire, calamity or act of God may be restored and the use
may be resumed, provided that the restoration is started
within three years and diligently pursued to completion.
7. In any commercial district, a legal nonconforming
commercial use destroyed by fire, calamity or act of God
may be restored and the use may be resumed, provided
that the restoration is started within one year and diligently
pursued to completion.
8. In any industrial district, a legal nonconforming
industrial use destroyed by fire, calamity or act of God
may be restored and the use may be resumed, provided
that the restoration is started within one year and diligently
pursued to completion.
9. Any legal nonconforming use or improvement restored
after damage and allowed within this section is subject to
review under an administrative plot plan and shall adhere
to the following findings:
a. The proposal shall not be for the purpose of increasing
the number of living units on the property.
b. The proposal shall benefit the health, safety and
welfare of the occupants on the site, and not be
detrimental to any surrounding properties.
c. The proposal shall be architecturally compatible with
the existing building.
d. The proposal shall not displace required on -site
parking, landscaping or other conforming Municipal Code
requirements.
e. Any legal nonconforming improvement rebuilt after
destruction by fire, calamity, or act of God, shall to the
degree feasible, be rebuilt to eliminate or reduce the
nonconformity with the regulations for the district in which
it is located.
Colton
18.46.040
Should such nonconforming structure or nonconforming
portion of structure be destroyed by any means to an
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
extent of more than fifty percent of its replacement cost at
time of destruction, it shall not reconstructed except in
conformity with the provisions of this title. (Ord. 0-14-92 §
1 (Exh. A) (part), 1992)
Indian Wells
21.90.030(e)
A non -conforming building and/or structure which is
damaged or partially destroyed by fire, explosion or man -
induced or natural disaster to the extent of more than
seventy-five percent (75%) of the fair market value
according to the assessment as listed by the Riverside
County Assessor for the fiscal year during which the
destruction occurs shall be subject to all the applicable
regulations specified by this division. (Ord. 387 §1, 1996)
Long Beach
21.27.090
Any building containing a nonconforming use or any
nonconforming structure may be repaired and restored to
its nonconforming state if the need for repairs or
restoration shall be the result of fire, explosion,
earthquake, imminent public hazard, acts of terrorism,
sabotage, vandalism, warfare or abatement of earthquake
hazard in accordance with City regulations. Such
restoration shall comply with the following conditions:
A. Level Of Restoration. The damaged use or structure
may be repaired or rebuilt to the area and footprint of the
previous use or structure. Alternatively, the use or
structure may be repaired or rebuilt to a more conforming
area or footprint.
B. Additional Floor Area Added. If during restoration
and/or reconstruction additional floor area is added, the
use or structure shall abandon its nonconforming status.
C. Time Limit. The repairs must be commenced within
one year of the event causing damage to the use or
structure, and the repairs must be diligently pursued until
completed. (Ord. C-7663 § 5, 1999).
Murrieta
16.32.050(B)
If a nonconforming structure, or a conforming structure
used for a nonconforming use, is damaged, destroyed
or demolished, the right to continue occupancy of the
nonconforming structure, or to continue the
nonconforming use shall cease; provided however, that
the structure may be repaired or rebuilt and reoccupied
only as follows:
1. If the cost of repairing or replacing the damaged
portion of the structure does not exceed fifty (50)
percent of the current appraised value of the structure,
as shown in the county assessor's records, the
structure may be restored and the use continued if the
restoration is started within one year of the date of
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
damage or destruction and is diligently pursued to
completion; and
2. If the cost of repairing or replacing the damaged
portion of the structure exceeds fifty (50) percent of the
current appraised value of the structure, as shown in
the county assessor's records, a minor conditional use
permit (16.52) shall be required to authorize the
restoration of the structure and continue the use. The
minor conditional use permit shall include a finding, in
addition to those contained in Section 16.52.040
(Findings and Decision), that the benefit to the public
health, safety or welfare exceeds a detriment inherent
in the restoration. (Ord. 182 § 2 (part), 1997)
Ontario
9-1.0710(b)
A legal nonconforming structure which is damaged or
partially destroyed by fire, flood, wind, earthquake or other
calamity, or the public enemy, may be reconstructed up to
the original size, placement and density, provided that
total cost of such reconstruction does not exceed more
than fifty percent (50%) of fair market value or less, the
structure may be restored and the nonconforming use
may be resumed, provided that restoration is started
within six (6) months, unless extended by the Zoning
Administrator, and diligently pursued. In the event that the
cost of repairing such damage exceeds fifty percent (50%)
of the value of the structure prior to such damage
occurring, the structure may be reconstructed up to the
original size, placement and density subject to the
following conditions:
(1) The Planning Commission, after holding a public
hearing, finds that continuing the nonconforming use will
not result in an annoyance to and/or reduction of, any
surrounding property. A public hearing and Planning
Commission findings, pursuant to division (b) of this
section, shall not be required for a parcel of land that is
designated for a residential land use on the General Plan
and contains six (6) or fewer dwelling units;
(2) The extent of damage or partial destruction shall be
based upon a comparison of the estimated cost of
restoring the structure to its condition prior to such
damage or partial destruction with its value at the time the
structure was damaged or partially destroyed. Estimates
for such purpose shall be made by or reviewed by the
Building Official; and
(3) The restoration is commenced within six (6) months
and diligently pursued to completion.
S:\isb\San Jacinto\Burn Policy Staff Report.doc
(4) Nothing in this section shall be construed to permit
the continuation of conditions that will endanger the
health, safety and welfare of building occupants or the
residents of the area, or which constitute a public or
private nuisance.
A multiple family dwelling or development that has been
involuntarily damaged or destroyed by fire, flood, wind,
earthquake, or other calamity, or by public enemy, may be
reconstructed up to the original size, placement and
density, except a multiple family dwelling or development
which has been abandoned for a period of ninety (90) or
more consecutive days prior to being involuntarily
damaged or destroyed, or a multiple family dwelling or
development constituting a public nuisance prior to being
involuntarily damaged or destroyed may not be
reconstructed unless the structure is made to comply to all
provisions of the Development Code.
Temecula
17.03.070(G)
1. Whenever a structure which does not comply with the
development standards for front yards, side yards, rear
yards, height of structures, or distances between
structures prescribed in the development standards for
the zone in which the structure is located, or the use of
which does not conform with the development standards
for the zone in which it is located, is destroyed by fire or
other calamity, by act of God, or by the public enemy to
the extent of fifty percent or more, or the structure is
voluntarily razed or is required by law to be razed, the
structure shall not be restored except in full conformity
with the development standards for the zone in which it is
located and the nonconforming use shall not thereafter be
resumed.
2. The extent of damage or partial destruction shall be
based upon the ratio of fifty percent of the estimated
replacement cost of restoring the structure to its condition
prior to such damage or partial destruction, or to fifty
percent of the estimated cost of duplicating the entire
structure as it existed prior to said damage or partial
destruction. Estimates for this purpose shall be made by
or shall be reviewed and approved by the building official,
and shall be based on the minimum cost of construction in
compliance with the city's building code as the same
exists on the date the estimates are submitted.
3. In accordance with Government Code Section 65863.4,
the restoration and reconstruction restrictions contained in
this subsection shall not apply to any multifamily
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
residential dwelling which is currently occupied at the time
it was involuntarily damaged or destroyed and which was
legally constructed and occupied at the time of its initial
construction. For purposes of this subsection, the phrase
"multifamily residential dwelling" means any structure
designed for human habitation that has been divided into
two or more legally created independent living quarters.
The application of the restrictions of this subdivision shall
not apply to any multifamily residential dwelling which
constituted a public nuisance prior to being involuntarily
damaged or destroyed, which was abandoned for a period
of one year prior to being involuntarily damaged or
destroyed, or to any property for which the property owner
requests a reduction in density on the property. (Ord. 95-
16 § 2 (part))
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
AGENDA ITEM 4.3
February 19, 2004
To: The Honorable Mayor and Members of the City Council
From: Robert Lavin, Public Works Superintendent
Subject: Skyview Lane Landscape
RECOMMENDATION:
Provide direction to staff on the options herewith presented for consideration in
order to provide landscape improvements for the small, narrow planter area
located across from Skyview Tot -Lot.
BACKGROUND:
A narrow planter bed exists on Skyview Lane that is not landscaped and
undeveloped in this neighborhood. The planter sits behind the block wall with no
access for the homeowners to make improvements on their own. Minimal
landscaping here will give a completed image to the adjacent Skyview Park. The
following four options are:
1. Mulch only (0 cost), or;
2. Install shrubs (Texas Privet) with wood chips, water meter and
sprinkler system ($4,250),or:
3. Stamped -concrete only ($6,000).
The following would also need to be considered:
1. Landscape maintenance of parkway, once developed, would be $150-
$200 a month
2. Remove or relocate up to two (2) utility boxes to deter vandalism.
a. Electrical pedestal — $2,100 (City owned)
b. Cable TV box — zero cost
c. Relocate telephone box — has been replaced, cannot be lowered
per Verizon
JUSTIFICATION:
Improve and beautify the area with minimal costs to the City and give a
completed image to the adjacent Skyview Park.
BUDGETARY IMPACT:
Cost for landscape improvements is between $4,250 - $6,000; the only viable
source of funding for this type of improvement is the unreserved, unrestricted
general fund. However, City Manager does not recommend the use of general
fund moneys for this type of public improvement. No funds are available in the
LLPD No. 1, for this type of improvement. This district has historically had on-
going deficits. It must also be considered that if improvements are made, an
additional $150 - $200 will be incurred in maintenance cost in the LLPD No. 1
ATTACHMENTS:
None
AGENDA ITEM 4.4-
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: City Attorney
SUBJECT: Developer Deposit Policy
RECOMMENDATION:
Take the following action in the order listed:
1. Adopt Resolution of the City Council of the City of San Jacinto, California
Authorizing the Establishment of a Deposit Program for Expedited Review of
Development Projects
BACKGROUND:
At a recent Special City Council meeting, the City Council expressed a desire to see from
City Staff an interim solution to the increased toll on City staff resources that have resulted
from a high number of development applications within the City. The accompanying
resolution and sample deposit agreement establishes such a deposit program whereby a
project applicant may provide a monetary deposit (pursuant to an agreement) to the City.
The deposit would be optional for developers who wish to participate and mandatory if, in
the opinion of the City Manager, additional resources are needed in order to comply with
state mandated time frames for processing development applications. The deposit would
be used by the City to retain consultants that can assist in the expedited review of a
development project. The resolution and agreement expressly recognize that the
consultants would be those of the City and not the project applicant.
Because the deposit would only be used to pay for actual costs incurred by the City, the
deposit does not constitute a development impact fee for which an AB 1600 analysis needs
to be performed.
JUSTIFICATION:
The adoption of this resolution is necessary in order to ensure that development projects
are timely processed at no additional expense to the City of San Jacinto.
Page 1 of 2
RVPUB\JSB\667oyo.1
BUDGETARY IMPACT:
The approval of the policy will have a positive budgetary impact because it will ensure that
development "pays its own way", rather than relying on general fund moneys.
ATTACHMENTS:
Resolution
Resolution of the City Council of the City of San Jacinto, California Authorizing the
Establishment of a Deposit Program for Expedited Review of Development Projects
RVP UB\J SB1660194
RVPUB\JSB\667o7o.i
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A
DEPOSIT PROGRAM FOR EXPEDITED REVIEW OF DEVELOPMENT
PROJECTS
WHEREAS, the City of San Jacinto ("City") is authorized by California
Constitution, Article IX, Section 7 to make and enforce within its limits all local, police,
sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, a tremendous increase in the number of development approval
applications has recently affected the ability of the City to process such applications
within timeframes that the City Council deems appropriate; and
WHEREAS, the City Council of the City of San Jacinto wishes to establish a
development project deposit policy in order to alleviate the hardship on applicants and
City staff caused by the recent increased development approval applications; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City
Council of the City of San Jacinto:
SECTION 1. Incorporation of Recitals. The City Council hereby finds and
determines that the Recitals of this Resolution are true and correct
and are hereby incorporated into this Resolution as though fully set
forth herein.
SECTION 2. Deposit. Upon request by any applicant for a "development project",
as that term is defined in Government Code section 65928, or in
the event the City Manager or designee determines that any
additional consultant(s) would be necessary in order to meet the
time requirements set forth in the Permit Streamlining Act, such
applicant shall provide to the City a deposit in cash, cashier's check
or money order to be used by the City to retain the services of such
planning, environmental, engineering, legal or other consulting
services as may be deemed appropriate by the City Manager, or
designee. The amount of the deposit shall be determined by the
City Manager, or designee based upon factors including, but not
limited to, the number and/or complexity of the approval(s) required
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and the size and/or complexity of the project. The City Manager or
designee is authorized to enter into deposit agreements with
development project applicants in substantially the form set forth in
Exhibit "A", attached hereto and incorporated by reference herein,
including any amendments acceptable to the City Attorney. The
Deposit shall be used solely for the purpose of paying the actual
costs of retaining those consultant(s) requested or deemed
necessary by the City Manager, or designee. The deposit may be
required to be replenished if such deposit is reduced to a level that,
in the sole discretion of the City Manager or designee, will be
insufficient to provide the requested or necessary consultant
payments. Upon the completion of the portion of the development
project for which the applicable consultant(s) has been retained,
any remaining funds shall be returned to the applicant.
SECTION 3. Not a Development Impact Fee, Special Assessment or Tax. The
City Council hereby finds and determines that the costs to be paid
by development project applicants pursuant to this policy do not
exceed the estimated reasonable cost of providing the service for
which the fee is charged since the funds on deposit are used to pay
the actual costs of retaining those consultant(s) requested or
deemed necessary by the City Manager, or designee. The deposit
authorized by this policy shall not be deemed a "development fee",
as defined in Government Code sections 66000 or 66010, nor a
"special assessment" or "tax", but instead constitutes a processing
charge pursuant to Government Code section 66014. The deposit
provided for in this policy shall be in addition to any other
processing charges, as well as any development fees, taxes or
assessments that may otherwise be imposed pursuant to
applicable law.
SECTION 4. Contractor of City of San Jacinto. Under no circumstances shall
the consultant(s) retained pursuant to this policy be deemed an
employee, contractor, consultant or agent of the applicant
requesting the development approval. Instead, the City Manager,
or designee shall have the authority to choose the consultant(s), in
his or her sole discretion. Such consultant(s) shall be the
independent contractor solely of the City of San Jacinto while
retained pursuant to this policy.
SECTION 5. Effective Date. This Resolution shall become effective upon its
adoption.
APPROVED and ADOPTED, this 19th day of February, 2004, by the following
vote
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Ayes:
Nays:
Absent
Abstain:
City of San Jacinto
by Jim Ayres, Mayor
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
City Attorney
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EXHIBIT "A"
DEPOSIT AGREEMENT
[TO BE ATTACHED]
Page 4 of 4
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[MODEL]
DEPOSIT AGREEMENT
between
THE CITY OF SAN JACINTO,
a California municipal corporation
and
COMPANY
a corporation
[DISCUSSION DRAFT NO._ DATED , 200_1
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DEPOSIT AGREEMENT
This Deposit Agreement ("Agreement") is made this day of , 200 ,
by and between the City of San Jacinto, a California municipal corporation (the "City"), and
Company, a ( the "Applicant").
RECITALS
This Agreement is made with respect to the following facts:
A. The Applicant is the owner of that certain real property ("Property") located
within the City of San Jacinto, County of Riverside, California. The Property is more
particularly described in the legal description attached hereto as Exhibit "A".
B. The Applicant is contemplating the development of the Property as a residential
community to be known as . The Applicant has submitted an application for
various discretionary land use approvals for the development of the Property including, without
limitation, approval of [a specific plan, environmental documents pursuant to the California
Environmental Quality Act ("CEQA") and the amendment of the City's General Plan and
Zoning Code]. [The Applicant may also request the City to provide public financing to assist the
Applicant in developing the infrastructure for the Property, including, but not limited to, the
creation of Community Facilities Districts, Lighting and Landscape Districts or other financing
mechanisms. Moreover, the Applicant intends to process and negotiate a development
agreement with the City and process an annexation of that portion of the Property which is in the
City's sphere of influence]. All of the above shall be referred to collectively as the "Project."
C. To provide the City with the environmental, planning, fiscal and extraordinary
legal advice and information necessary to the City's review process concerning the development
of the Property, and the possible provision of public financing, it is necessary for the City to
retain the services of an environmental consultant, a project land use planner, a fiscal consultant,
and legal counsel (collectively, "Consultants"). For purposes of this Agreement, extraordinary
legal service shall mean any and all legal service provided to the City which service is directly
related to the Applicant's pursuit of the development of the Property and which service would
not have been requested by the City, if the Applicant's Project was not being processed by the
City. Extraordinary legal service shall not include any legal service provided to the City in
connection with the preparation or updating of City regulations, ordinances, plans or guidelines
which are necessary for the review of the Project and which are under State law required to be
updated from time to time.
D. As a condition to the City's completion of the review process, the Applicant has
agreed to pay the City for the Consultants costs and expenses related to the City's review process
in the manner and amounts set forth in this Agreement. The Applicant's payment to City under
this Agreement will ensure that the City has the necessary resources to diligently and efficiently
process the Applicant's Project.
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AGREEMENT
NOW, THEREFORE, in consideration of the following mutual promises and agreements,
City and Applicant agree as follows:
1. Incorporation of Recitals. The parties agree that the Recitals constitute the factual
basis upon which the City and the Applicant have entered into this Agreement. The City and the
Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are
incorporated into this Agreement as though fully set forth at length.
2. City to Retain Consultants. As a necessary and indispensable part of its fact
finding process relating to the review of the Applicant's proposed uses of the Property, and the
City's possible assistant to the Applicant with public financing, the City shall retain, by means of
contracts ("Consultant Contracts") subject to the City's approval in its reasonable and sole
discretion, the services of the Consultants set forth in Section 4 of this Agreement to provide
such environmental, fiscal, planning, public information and extraordinary legal advice as the
City may deem necessary in its reasonable and sole discretion. The identity of the Consultants
employed shall be as determined by the City in its reasonable and sole discretion. The scope of
work of each respective Consultant is attached hereto as Exhibits "B" - "E". The City reserves
the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary
and appropriate where such amendments are reasonably necessary and related to the City's
proper review and consideration of the Applicant's Project.
The Applicant agrees that, notwithstanding the Applicant's payment obligations under
this Agreement, the Consultants selected by the City shall be the contractors exclusively of the
City and not of the Applicant. Except for those disclosures required by law including, without
limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and
other forms of communication by and between the City and the Consultants shall be, to the
extent permissible by law, privileged and confidential and not subject to disclosure to the
Applicant. The Applicant agrees that it shall have no claim to nor shall it assert any right in any
reports, correspondence, plans, maps, drawings, news releases or any and all other documents or
work product produced by the Consultants pursuant to the Consultant Contracts. City shall
include in each of the Consultant Contracts a termination provision authorizing the City to
immediately terminate the contracts without cause by sending written notice of termination to the
contractor.
3. Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in
good faith with the Consultants. The Applicant agrees that it will instruct its agents, employees,
consultants, contractors and attorneys to reasonably cooperate with the Consultants and to
provide all necessary documents or information reasonably requested of them by the
Consultants; provided, however, that the foregoing shall not require the disclosure of any
documents or information of the Applicant which by law is privileged, proprietary, confidential,
and exempt from disclosure under the Public Records Act.
4. City's Preliminary Selection of Consultants. The City has preliminarily decided
to retain the following as Consultants pursuant to this Agreement:
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(I) Enviromnental Consultant -
(ii) Planning Project Manager - [Individual to be hired by City].
(iii) Fiscal Consultant -
(iv) Legal Counsel - Best Best & Krieger LLP.
The Applicant agrees that the City may select other Consultants to replace the
Consultants preliminarily identified above and may do so without consulting with the Applicant
or obtaining the Applicant's approval.
5. Applicant's Payment of Consultant Costs and Expenditures. The Applicant shall
deposit with the City the amount of Dollars ($ .00)
(the "Deposit") [i.e., the same or more as the Consultant Costs, below]. The City by its
execution hereof, acknowledges receipt of and accepts the Deposit. The Deposit is to be used to
pay the actual costs and expenditures incurred by the City relative to the Consultants Contracts
("Consultants Costs"). The City has preliminarily reviewed the scope of work required of each
Consultant and has estimated the aggregate Consultants Costs to be no less than
Dollars ($ ) ("Estimated Consultants Costs"). [Prior to the
Effective Date of this Agreement, the Applicant paid the City for portions of certain costs
associated with certain Consultant work which the City incurred prior to the Effective Date of
this Agreement which costs and work are more particularly described in Exhibit "F" ("Prior
Payments"). The Applicant shall receive a credit against the Consultant Costs in an amount
equal to the Prior Payments made to the City]. The City may draw upon the Deposit from time
to time to pay the Consultant Costs. The City shall provide Applicant with a written summary of
expenditures made from the Deposit, and the unexpended balance thereof, within ten (10)
business days of receipt by the City of a written request therefor submitted by the Applicant,
provided that the City shall not be required to provide a summary of expenditures more
frequently than one time each quarter. The City shall, within ten (10) business days after the
completion of that portion of the Project for with the Consultant has been retained, return the
then unexpended and unencumbered portion of the Deposit to the Applicant, without interest.
Such payment may also be made by the City to a designated payee upon the City's receipt of
such direction in writing from Applicant. If the Deposit is reduced to a level that is [ ]
percentage ([ ]%) of the Deposit amount, and further services are required of the Contractors
for the Project, the City Manager may, in his or her sole and absolute discretion, require the
Applicant to supplement the Deposit to an amount not exceeding the original Deposit amount.
6. Consultation with Applicant. The City may incur aggregate Consultants Costs up
to the Estimated Consultants Costs without consulting the Applicant. The City shall use
reasonable good faith efforts to consult with the Applicant prior to amending the scope of
services to be provided by Contractors and incurring Consultants Costs which exceed the
Estimated Consultants Costs ("Excess Costs"). The Applicant's obligation to pay the City for
Consultants Costs shall be contingent upon the City's providing the Applicant with written
notice of the amendment of the scope of work to be performed by a Contractor prior to the
completion of work. The decision to incur Excess Costs and the amount of Excess Costs to incur
shall lie within the reasonable and sole discretion of the City.
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For purposes of Section 5, the City shall be deemed to have consulted with the Applicant
when the City has provided written notice to the Applicant that the City reasonably anticipates
that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees
with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be
to terminate this Agreement pursuant to Section 9 of this Agreement, subject to the Applicant's
obligation to pay the City for all Consultants Costs incurred by the City prior to the date of
termination, whether or not yet paid by the City.
7. City to Retain Absolute Discretion. The Applicant acknowledges and agrees that
notwithstanding the Applicant's payment obligations under this Agreement, the City is not
obligated to approve any or all of the proposed uses for the Property, to approve any
environmental documents or general plan or municipal code amendments which may be required
for any of the uses contemplated for the Property, or to approve any development agreement
pertaining to the Property. The Applicant warrants and represents that no City official, officer,
employee, agent or attorney has represented, expressly or impliedly, that the City will approve
any proposed use of the Property. The Applicant understands that there will be numerous
legislative and adjudicatory decisions made by the City with regard to the development of the
Property. All such decisions of the City with regard to the Property and the contemplated uses of
the Property shall be made only after full compliance with all the City's statutory and other legal
obligations and after considering all appropriate information and evidence, including such
evidence which may cause the City to disapprove any or all of the contemplated uses of the
Property. Notwithstanding anything in this Agreement to the contrary, the City retains all
authority and discretion granted to it by law to either approve, disapprove or modify any of the
proposed uses of the Property. The Applicant agrees that the City may approve, or approve with
modifications, any or all components of the Applicant's proposed Project.
The Applicant agrees that the City shall not be bound by any recommendations or
conclusions reached by the Consultants and that the City may accept or reject, in whole or in
part, any such recommendations or conclusions which the City in its reasonable and sole
discretion deems to be unreasonable or contrary to the City's land use ordinances and regulations
or State statutes or regulations.
8. Term. The term of this Agreement shall commence on the date that this
Agreement is approved by the City Council and fully executed by the parties and shall terminate
when all work required by each Consultant Contract has been completed to the City's reasonable
satisfaction and the Applicant has satisfied all of its obligations under this Agreement including,
without limitation, the obligation to pay the City for Estimated Consultants Costs and Excess
Costs, whether or not paid by the City prior to the date of termination. The Applicant's
obligation to pay the City as provided in this Agreement shall survive the termination of this
Agreement pursuant to this Section 8.
9. Early Termination. The City may terminate this Agreement prior to the term set
forth in Section 8 above, without cost or liability to the City, upon thirty (30) days prior written
notice to the Applicant. The Applicant may in its reasonable and sole discretion terminate this
Agreement prior to the end of the teen set forth in Section 8 above upon thirty (30) days' prior
written notice to the City; provided, however, that the Applicant has satisfied all of its
obligations under this Agreement to date of termination regarding payment to the City of both
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Estimated Consultants Costs and Excess Costs and, furthermore, that the Applicant has given
City written notice withdrawing its application for the Project.
Within two (2) City working days following either the City's decision to terminate this
Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate
this Agreement, the City shall notify the Consultants and instruct them to cease work under the
Consultant Contracts. The Consultants shall be instructed to bill the City for any work
completed prior to the date of termination of the Consultant Contract. Upon payment of all
Consultant Costs, any remaining portion of the Deposit shall be returned to the Applicant.
10. Remedies Upon Default. An event of default shall be deemed to exist upon the
occurrence of all three of the following:
(i) Either the City or the Applicant has, without legal justification or excuse,
breached any one or more of its obligations under this Agreement; and
(ii) The nondefaulting party has sent written notice to the party claimed to be in
default, specifying the default and what actions the nondefaulting party asserts should be taken to
remedy the default; and
(iii) The party claimed to be in default has not, within ten (10) days following receipt
of the written notice described above, either corrected the default or taken actions, reasonably
satisfactory to the nondefaulting party, to remedy the default within a reasonable period of time,
but in no event longer than thirty (30) days after receipt of the written notice described above.
Following an event of default, the nondefaulting party may exercise any and all remedies
available to it pursuant to this Agreement, or at law or in equity, including, without limitation,
instituting an action for damages, injunctive relief, or specific performance.
11. Nonwaiver of Rights or Remedies. The failure of a party to exercise any one or
more of its rights or remedies under this Agreement shall not constitute a waiver of that party's
right to enforce that right or seek that remedy in the future. No course of conduct or act of
forbearance on any one or more occasions by any party to this Agreement shall preclude that
party from asserting any right or remedy available to it in the future. No course of conduct or act
of forbearance on any one or more occasions shall be deemed to be an implied modification of
the terms of this Agreement.
12. Assignability. This Agreement may not be assigned by either party with the prior
and express written consent of the other party, which consent shall not be unreasonably withheld.
In determining whether to approve a request by Applicant to assign this Agreement, the City may
consider, among other things, the proposed assignee's financial status and commitment to the
Project. Any attempted assignment of this Agreement not in compliance with the terms of this
Agreement shall be null and void and shall confer no rights or benefits upon the assignee.
13. No Oral Modifications. This Agreement represents the entire understanding of
the City and the Applicant and supersedes all other prior or contemporaneous written or oral
agreements pertaining to the subject matter of this Agreement. This Agreement may be
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modified, but only by a writing signed by both the City and the Applicant. All modifications to
this Agreement must be approved by the City Council of the City of San Jacinto.
14. Binding Upon Successors. This Agreement and each of its terms shall be binding
upon the City, the Applicant and their respective officers, elected officials, employees, agents,
contractors, and permitted successors and assigns.
15. Legal Challenges. Nothing herein shall be construed to require City to defend any
third party claims and suits challenging any action taken by the City with regard to any
procedural or substantive aspect of the City's approval of development of the Property, the
environmental process, or the proposed uses of the Property. The Applicant may, however, in its
sole and absolute discretion appear as real party in interest in any such third party action or
proceeding, and in such event, it and the City shall defend such action or proceeding and the
Applicant shall be responsible and reimburse the City for whatever legal fees and costs,
including actual attorneys' fees, which may be incurred by the City in defense of such action or
proceeding. This City shall have the absolute right to retain such legal counsel as the City deems
necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys'
fees and costs incurred by the City as a result of such third party action or proceeding; provided,
however, Applicant may, at any time, notify City in writing of its decision to terminate such
payment obligation and, thereafter, in the event that the City decides to continue the defense of
such third party action or proceeding, Applicant shall have no further obligation to reimburse
City for its attorney fees and costs.
16. Attorneys' Fees. In the event that any action or proceeding, including arbitration,
is commenced by either the City or the Applicant against the other to establish the validity of this
Agreement or to enforce any one or more of its terms, the prevailing party in any such action or
proceeding shall be entitled to recover from the other, in addition to all other legal and equitable
remedies available to it, its actual attorneys' fees and costs of litigation, including, without
limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees,
including actual costs and attorneys' fees on appeal.
17. Jurisdiction and Venue. This Agreement is executed and is to be performed in the
City of San Jacinto, Riverside County, California, and any action or proceeding brought relative
to this Agreement shall be heard in the appropriate court in the County of Riverside, California.
The City and the Applicant each consent to the personal jurisdiction of the court in any such
action or proceeding.
18. Time is of the Essence. Except as otherwise expressly stated, time is of the
essence in the performance of every act required pursuant to this Agreement.
19. Covenant of Further Assurances. The City and the Applicant shall take all other
actions and execute all other documents which are reasonably necessary to effectuate this
Agreement.
20. Interpretation. The City and the Applicant agree that this Agreement is the
product of mutual negotiations and is an arms -length transaction. Each party has negotiated this
Agreement with the advice and assistance of legal counsel of its own choosing.
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It is further agreed that this Agreement is a product of mutual drafting efforts by both the
City and the Applicant and, accordingly, the rule that ambiguities in a document shall be
construed against the drafter of the document shall have no application to this Agreement. In
construing and interpreting this Agreement, the finder of fact shall give effect to the mutual
intention of the City and the Applicant, notwithstanding such ambiguity, and may refer to the
facts and circumstances under which this Agreement is made and such other extraneous evidence
as may assist the finder of fact in ascertaining the intent of the City and the Applicant.
21. Severability. If any term or provision of this Agreement is found to be invalid or
unenforceable, the City and the Applicant both agree that they would have executed this
Agreement notwithstanding the invalidity of such term or provision. The invalid term or
provision may be severed from the Agreement and the remainder of the Agreement may be
enforced in its entirety.
22. Headings. The headings of each Section of this Agreement are for the purposes
of convenience only and shall not be construed to either expand or limit the express terms and
language of each Section.
23. Representations of Authority. Each party signing this Agreement on behalf of a
party which is not a natural person hereby represents and warrants to the other party that all
necessary legal prerequisites to that party's execution of this Agreement have been satisfied and
that he or she has been authorized to sign this Agreement and bind the party on whose behalf he
or she signs.
24. Notices. Notices required under this Agreement shall be sent to the following:
If to the City:
City of San Jacinto
213 E. Main Street
San Jacinto, CA 92583
Attention: City Manager
Facsimile No. (909) 654-3728
If to the Applicant: Company
Attention:
Facsimile No.
Notices given pursuant to this Agreement shall be deemed received as follows:
(i) If sent by United States Mail - five (5) calendar days after deposit into the
United States Mail, first class postage prepaid.
(ii) If by facsimile - upon transmission and actual receipt by the receiving
party.
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(iii) If by express courier service or hand delivery - on the date of receipt by
the receiving party.
The addresses for notices set forth in this Section 24 may be changed upon written notice
of such change to either the City or the Applicant, as appropriate.
25. Days. Unless otherwise specified to the contrary, "days" in this Agreement shall
mean calendar, not business, days.
Dated:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
APPROVED AS TO FORM:
Legal Counsel for Company
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CITY OF SAN JACINTO
a California municipal corporation
(the "City")
By:
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Mayor
COMPANY, a corporation
By:
Authorized Agent
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Exhibit "A"
Legal Description of the Property
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Exhibit "B"
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Exhibit "C"
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Exhibit "D"
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Exhibit "E"
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AGENDA ITEM 4.5
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: City Attorney and Community Development Director
SUBJECT: Local CEQA Guidelines Amendment
RECOMMENDATION:
Take the following action in the order listed:
1. Adopt Resolution of the City Council of the City of San Jacinto, California Amending
the City's Local Guidelines for Implementing the California Environmental Quality
Act (Pub. Resources Code § 21000 et seq.)
BACKGROUND:
The City's Development Code provides that conditional use permits are to be adopted by
the Planning Commission, subject to "ratification" by the City Council. Generally, planning
decisions are either decided by the Planning Commission (subject to appeal to the City
Council) (i.e., tentative maps, variances), or are recommendations by the Planning
Commission to the City Council (i.e. General Plan or zoning amendments). CEQA requires
the review and approval of an environmental review document prior to the final approval of
a project. The "ratification" language of the Development Code could be interpretted in two
equally plausible manners: (1) that a project subject to a CUP is approved by the Planning
Commission (subject to a sort of "appeal" by the City Council at the time of ratification), or
(2) that a project subject to a CUP is being recommended by the Planning Commission for
or against approval, with the ultimate decision by the City Council.
Although each interpretation would be a reasonable one, by authorizing the Planning
Commission to review the environmental review document concurrently with the underlying
project, it is more likely that a well-informed decision can be reached. This is because the
same hearing body is reviewing all of the information together.
An alternative interpretation would involve the City Council reviewing and approving the
environmental review document, and then having the Planning Commission review the
underlying project. This separation of functions could be inefficient since it involves three
steps (approval of CEQA document by the City Council, review of the CUP by the Planning
Commission, ratification of CUP by City Council).
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Another alternative would be for the Planning Commission to recommend to the City
Council both the underlying project and its environemental review document. However,
this could result in new issues being raised before the City Council that were not raised
before the Planning Commission. This could reduce the ability of the City and the project
proponent to respond with project changes that improve the quality of the project.
It should also be noted that the proposed resolution retains the ability of persons to appeal
decisions of the Planning Commission (including the decision concerning the
environmental review document) to the City Council, as well as the authority of the City
Council to act on the CUP pursuant to the ratification authority contained within the City's
Development Code.
Based on these reasons, City staff recommends that the City Council adopt the
accompanying resolution, clarifying that the Planning Commission has the authority to
approve environmental review documents, subject to appeal to the City Council.
JUSTIFICATION:
The adoption of this resolution is necessary in order to clarify the role of the Planning
Commission in the review of environmental review documents and ensure the proper
review of such documents in connection with their underlying projects.
BUDGETARY IMPACT:
The approval of this resolution will likely have no budgetary impact.
ATTACHMENTS:
Resolution
Resolution of the City Council of the City of San Jacinto, California Amending the
City's Local Guidelines for Implementing the California Environmental Quality Act
(Pub. Resources Code § 21000 et seq.)
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S:\isb\San Jacinto\Reso Delegating CEQA Authority Staff Report.doc
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, AMENDING THE CITY'S LOCAL GUIDELINES
FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (PUB. RESOURCES CODE § 21000 ET SEQ.)
WHEREAS, on or about May 15, 2003, the City of San Jacinto ("City") City
Council approved Resolution No. 2431 adopting the "Local Guidelines for Implementing
the California Environmental Quality Act ["CEQA"] (2003 Revision)" (hereafter "Local
CEQA Guidelines"); and
WHEREAS, the City's Planning Commission has been authorized to hear,
consider and adopt conditional use permits, subject to ratification by the City Council;
and
WHEREAS, the City Council desires to revise its Local CEQA Guidelines
regarding authority to approve certain environmental review documents, pursuant to the
provisions in the State CEQA Guidelines; and
WHEREAS, it is the intent of this Resolution provide that the Planning
Commission possesses the authority to approve certain environmental review
documents under CEQA, including, without limitation, the authority to adopt negative
declarations and mitigated negative declarations, to certify environmental impact reports
and to make required findings in connection therewith, all subject to appeal of such
decisions to the City Council; and
WHEREAS, by authorizing the Planning Commission to review and approve
environmental review documents under CEQA, the same hearing body that reviews the
underlying project will be able to review the environmental review document associated
with that project; and
WHEREAS, by authorizing the Planning Commission to review and approve
environmental review documents under CEQA, members of the public will be better
able to present issues of concern to the body hearing the underlying project and have
those issues addressed by the City and project proponents, since such issues of
concern will be addressed at an earlier stage of the development process; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
-1-
RVPUBUSB1667109.1
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City
Council of the City of San Jacinto:
SECTION 1. Incorporation of Recitals. The City Council hereby finds and
determines that the Recitals of this Resolution are true and correct
and are hereby incorporated into this Resolution as though fully set
forth herein.
SECTION 2. Approval. In accordance with the definition of "Approval" contained
in State CEQA Guidelines Section 15352, the City Council amends
Section 10.02 of its Local CEQA Guidelines to read as follows:
"10.02'Approval' means a decision by the decision making body or
other authorized body or officer of the City that commits the City to
a definite course of action with regard to a particular project. With
regard to any project to be undertaken directly by the City, approval
shall be deemed to occur on the date when the decision making
body makes its determination to proceed with the project, which in
no event shall be later than the date of adoption of plans and
specifications. As to private projects, approval shall be deemed to
have occurred upon the earliest commitment to provide service or
the issuance by the City of a discretionary contract, subsidy, or
other form of financial assistance, lease, permit (including, without
limitation, the approval by the Planning Commission of any
conditional use permit), license, certificate, or other entitlement for
use of the project. The mere acquisition of land by the City shall
not, in and of itself, be deemed to constitute approval of a project.
When a non -elected authorized body or officer of the City, as the
decision making body, makes a decision to approve a project, that
decision may be appealed to the City's elected decision -making
body (i.e., City Council) by any interested person. For purposes of
these Guidelines, the setting of a hearing by the City Council
pursuant to Section 17.05 of the San Jacinto Development Code
(relating to ratification of conditional use permits) shall constitute an
appeal of the underlying CEQA environmental review document."
SECTION 3. Decision -Making Body. In accordance with the definition of
"Decision -Making Body" contained in State CEQA Guidelines
Section 15356, the City Council amends Section 10.09 of its Local
CEQA Guidelines to read as follows:
"10.11'Decision-Making Body' means the officer (i.e., City Manager
or his or her designee) or body within the City (i.e., City Council or
Planning Commission) with final approval authority over the
particular project. (See Guidelines Section 10.02.) For purposes of
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RVPUBUSB1667109.1
vote
these Guidelines, the Planning Commission shall be deemed to be
the Decision -Making Body for purposes of approving conditional
use permits."
SECTION 4. Appeal/ Ratification. Nothing contained in this Resolution shall be
deemed to limit the ability of a person to appeal a decision of the
Planning Commission pursuant to any other provision of the San
Jacinto Municipal Code, or as otherwise provide by law.
Furthermore, nothing contained in this Resolution shall be deemed
to limit the ability of the City Council to act pursuant to its authority
to ratify a conditional use permit or set such a matter for public
hearing pursuant to the San Jacinto Development Code.
SECTION 5. Effective Date. This Resolution shall become effective upon its
adoption.
APPROVED and ADOPTED, this 19th day of February, 2004, by the following
Ayes:
Nays:
Absent:
Abstain:
City of San Jacinto
by Jim Ayres, Mayor
ATTEST:
Dorothy L. Chouinard, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
City Attorney
RVPUBUSB\667109.1
AGENDA ITEM 4.6
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Robert W. Hargreaves, Special Counsel for Water Matters
SUBJECT: Approval of "Final" Principles for Water Management
RECOMMENDATION:
Discuss and ratify committee's approval of "Final" Principles for Water Management.
BACKGROUND:
At the meeting of July 15, 2003, the City Council approved the "Interim Principles for
Water Management". The Interim Principles is a non -binding statement of general
principles that will serve as the basis for a more comprehensive water management
plan and a settlement agreement and stipulated judgment with respect to Saboba tribal
claims.
In the Interim Principles, the rights of the agricultural pumpers were not clearly defined.
Over the last six months, the Groundwater Management Policy Committee has worked
with agricultural groups to develop an interim principle (No. 7), that is acceptable both to
the agricultural pumpers and the Policy Committee. Additionally, several non -
substantive changes have been made to the Interim Principles.
With respect to the agricultural pumpers, the "Final" Principles provide for three different
levels of voluntary participation:
1) "Non -Participants": These pumpers shall continue to exercise whatever
water rights they may hold under California law unaffected by the
Management Plan;
2) "Class A Participation": These participants acknowledge the existence
of the plan, allow their wells to be monitored, and can vote for and/or be
elected to serve as a private pumper representative on the Management
Plan's Governing Board. Class A Participants have the right to convert to
Class B Participation (below) within three years after the effective date of
the Management Plan;
Page I of 2
3) "Class B Participation": These participants must limit their average
annual pumping to the pumper's average annual production during the
calendar years 1995 through 1999, allow his or her wells to be monitored,
and are eligible for and/or be elected to the Management Plan's
Governing Board. Upon conversion of Class B Participant's land from
agricultural use to a development use, the public agency serving the
development will credit the pumper's adjusted production right towards
any water supply assessment requirements, or capital impact fees. Also,
a Class B Participant is eligible to enter into a conservation contract with
the Management Plan, through which the Class B Participant agrees to
measures that will conserve water, which the Management Plan will then
purchase.
The "Final" Interim Principles for Water Management have been approved unanimously
by the Policy Committee. The Policy Committee has asked that the governing board of
each public agency approve the "Final" Principles. The "Final" Principles remain non-
binding, but will serve as the basis for drafting a more comprehensive water
management plan, which will need to be approved by the public agencies. .
JUSTIFICATION:
The Hemet/San Jacinto Groundwater Basin is in serious need of a comprehensive
management plan to address the current significant overdraft, future growth, and
Saboba tribal claims. If the public agencies that use the basin are unable to mutually
agree to a satisfactory plan, all will likely be embroiled in lengthy and costly litigation
regarding water rights. The "Final" Principles for Water Management offers a fair basis
for implementing a comprehensive water management plan.
BUDGETARY IMPACT:
Approval of the "Final" Principles will not have an immediate budgetary impact. Once
the management plan is drafted and approved, base water assessments will initially
cost approximately $100,000 per year. As San Jacinto's water usage grows, base
production and recharge assessments will increase in amounts that are difficult to
predict at this time. Prior to implementation of the water plan, San Jacinto will be asked
to contribute approximately $12,000 per year as its share of a well monitoring program.
That program has already been approved by a separate council action.
ATTACHMENTS:
The Final Principles for Water Management.
Page 2 of 2
PRINCIPLES FOR WATER MANAGEMENT
1. Water Management Plan. These Principles, approved by the
appropriate authority of each party, are intended to form the basis from
which the parties will develop a Water Management Plan ("Management
Plan") for the area described in Section 2. The Management Plan is being
developed to ensure an adequate and reliable source of future water supply.
The Management Plan is also intended to facilitate and accommodate a
settlement of the claims of the Soboba Band of Luiseno Indians ("Soboba
Tribe").
2. Management Area. The area included in the Management Plan
consists of the Canyon Sub -basin and the San Jacinto Upper Pressure Sub -
basin, downstream to Bridge Street, and the Hemet Basins ("Management
Area"). The Management Area is shown upon the attached map.
3. Pumpers within the Management Area. The primary pumpers
within the Management Area are: Eastern Municipal Water District
("Eastern"), Lake Hemet Municipal Water District ("Lake Hemet"), City of
San Jacinto ("San Jacinto"), and City of Hemet ("Hemet") (individually
RVLIT`:GT'654952.1
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"Public Agency," collectively "Public Agencies"); the Soboba Tribe (not a
Management Plan participant); and approximately 62 individual agricultural
and other private pumpers who pump more than 25 acre-feet per year
("Private Pumpers").
4. Goals. The parties agree that the Management Plan shall
incorporate and serve to implement the following goals:
A. Allowing for Future Urban Growth. The parties
acknowledge that the Management Area will continue to experience
residential, commercial, and industrial growth and development, and that
existing water production and service systems will need to be expanded to
meet this growth. It is estimated that at least 15,000 afy incremental water
supply capacity over the existing base production rights of the Public
Agencies must be dedicated to adequately serve this growth. The
Management Plan should serve and provide a clear planning process so that
each affected Public Agency will be able to meet these projected growth
needs.
RVLIT\GT`654952.1
B. Water Quality Protection. Implementation of the
Management Plan should protect and/or enhance Management Area water
quality. However, implementation of certain elements of the Management
Plan may cause limited localized water quality degradation. If such
degradation impedes the then current beneficial use of any Public Agency in
the Management Area, the Watermaster described in Section 22
("Watennaster") shall implement appropriate mitigation measures to ensure
water supply to the affected Public Agency and bear the associated costs.
The standards for local water quality degradation shall be defined in the
Management Plan.
C. Cost -Effective Management. The Management Plan
should serve to support the pursuit of cost-effective water supply and water
treatment by the Public Agencies, both individually and collectively.
D. Overdraft. The groundwater levels within the
Management Area have generally been declining for a number of years, and
the Management Area is presently in a condition of overdraft. It is
recognized that the Management Plan will, within a reasonable period,
eliminate groundwater overdraft and enhance operational yield by
RVLIT\GT'654952.1
implementing a combination of available water resources management
elements. These elements include: reduction in native groundwater
production; enhanced recharge with native, imported and/or recycled water;
development of supplemental supplies such as imported and recycled water;
and water conservation programs.
E. Monitoring. The Watermaster shall implement a
monitoring program to ensure the Management Plan activities follow best
management and engineering principles to protect Management Area water
resources.
Public Agencies Base Production Rights.
A. The base production rights of Eastern, Lake Hemet and
Hemet in the first year of the Management Plan shall be based upon their
average production for calendar years 1995-1999. This period was chosen
to reflect these Public Agencies' recent pumping, and shall determine their
base production rights.
RVLITIGT`654952.1
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B. The base production right of San Jacinto in the first year
of the Management Plan, shall be based upon its average production for
calendar years 1995-1999, plus 500 afy. The 500 afy is added because San
Jacinto's recent production does not reflect its historic production because of
water purchases and other factors.
C. Pursuant to Section 21 below, for the life of the
Management Plan, Hemet and San Jacinto shall each add an additional 900
afy to their base production rights. The additional 900 afy shall not be
subject to reduction by the Watermaster as provided in Section 5.D and
shall not be subject to any Administrative or Replenishment Assessments as
provided in Section 6, or other fee or charge imposed under the Management
Plan.
D. It is the goal of the Management Plan to adjust base
production rights over time to a level consistent with the Watenmaster=s
calculation of the Public Agencies' share of safe yield for the Management
Area. Based on current information, it appears that the total reduction in
base production rights will need to be approximately 35%. The ultimate
reduction will be based on periodic demand, hydrology, recharge and
RVLIT'.GT`654952. I
-5-
availability of imported water. In order to implement this reduction in a
phased manner, each Public Agency's base production rights shall be subject
to adjustment as follows:
(1) A 10% reduction from the base production rights
in the first year of the Management Plan; and
(2) Until base production rights are consistent with the
Public Agencies' share of safe yield, Watermaster shall determine the
reductions in base production rights in each subsequent year of the
Management Plan, to achieve this goal within 6 years of approval of the
Management Plan. Each reduction shall not be more than 10% of the base
production right of the prior year.
(3) Pursuant to Section 7(A)(2)(b), upon conversion of
a Class B Participant's land from agricultural to a use that requires water
service from a Public Agency, the Public Agency shall receive an increase in
its base production rights equal to the adjusted base production right of the
Class B Participant.
RVLITIGT'654952.1
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6. Public Agency Production Assessments. The Public Agency
production will be subject to the following assessments:
A. An Administrative Assessment on each acre-foot pumped
by a Public Agency up to its adjusted base production right. The parties
contemplate that the Administrative Assessment will be $50.00 per acre-foot
of water pumped in the first year of the Management Plan, and that such
amount will thereafter be set by the Watermaster.
B. A Replenishment Assessment on each acre-foot pumped
by a Public Agency in excess of its adjusted base production right equal to
the cost of providing a like quantity of supplemental water to recharge the
Management Area, including recharge losses. Pumping by a Public Agency
in excess of its adjusted base production right in order to meet increasing
demands is expected and permissible, provided that such excess extractions
shall be subject to the Replenishment Assessment. The costs of providing a
like quantity of supplemental water shall include the costs of water, O&M
costs of the replenishment system, capital recovery and other administrative
costs. Currently, the total of these cost items is estimated to be in the range
RVLIT',GT`654952. I
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of $300 to $400 per acre-feet; the actual amount will reflect the costs at the
time incurred.
7. Private Pumpers Water Rights. The Public Agencies recognize
the overlying water rights of the Private Pumpers, and do not intend to take
or adversely impact these rights without an agreement with the owner of
such rights. The Management Plan will lay out alternatives for the retention,
protection, or transfer of such rights, leaving selection of the alternative to
the individual overlying water rights owner. A Private Pumper can elect not
to participate in the Management Plan and not to formally acknowledge its
existence. Such Pumpers shall be referred to herein as "Non -Participants";
such Pumpers shall continue to exercise whatever water rights they may hold
under California law unaffected by the Management Plan. There is no intent
to affect water use that is consistent with the historical use of the Private
Pumpers. However, other pumpers under the Management Plan do not
waive their rights to challenge new or expanded water rights. Non -
Participants will not have the option of joining the program at a later date.
The alternatives available to participants are as follows:
RVLIT'.GT\654952. I
A. (1) Class A Participation. A Private Pumper can elect
to sign a written agreement acknowledging the existence of the Management
Plan. Such Pumper shall be a Class A Participant and shall be entitled to
vote for and/or be elected to serve as the Private Pumper representative on
the Management Plan's governing board or body described in Paragraph 22
below, but shall not otherwise be required to participate in the Management
Plan implementation. A Class A Participant may, without any financial
assessment by the Watennaster, pump from his/her/its property within the
Management Area the amount of water that can be put to reasonable and
beneficial use on the Pumper's land as may be authorized under California
law. Class A Participants shall have the right to convert to Class B
Participation during a grace period that shall end three (3) years after the
effective date of the Management Plan, as approved by a judgment of the
Superior Court for Riverside County, upon payment of the total assessments
the Purnper would have paid had the Pumper elected to be a member of
Class B from the outset, plus interest.
(2) Class B Participation. A Private Pumper can
become a Class B Participant by electing to limit annual pumping to the
Pumper's average annual production during the calendar years 1995 through
RVLIT\GT`654952.1
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1999 and to pay replenishment assessments on amounts in excess of that
average annual production. A Class B Participant shall enjoy the following
benefits of Plan Participation:
a. Vote for and/or be elected to serve as the
Private Pumper's representative on the Management Plan's Governing
Board;
b. Upon conversion of Pumper's land from
agricultural use to a use that requires water service from a participating
Public Agency, Public Agency shall credit to the extent legally permissible,
Pumper or Pumper's successor-in-interest's adjusted production right, using
the formula in Section 5 towards satisfaction of any requirement then in
effect for water supply assessment requirements. Furthermore, Pumper or
Pumper's successor -in -interest shall be given a credit for Pumper's adjusted
production right using the formula in Section 5 towards any fees associated
with water supply that the Public Agency may then have in effect. The
Public Agency serving the converted land shall receive a credit to its
production right as set forth in Section 5.
RVLIT,GT`654452.1
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c. To the extent the Pumper's land is not
covered under Section 7(A)(2)(b), Pumper will be eligible to enter into a
contract with the Management Plan, or a participating Public Agency, to sell
for a defined period of time some portion of Pumper's adjusted production
right, under terms and conditions mutually agreed upon by the Pumper and
the Management Plan. Criteria used in consideration of such contract shall
include:
(i) Management Plan's need to acquire
additional water supplies to address Basin overdraft and recovery;
(ii) Submission of a water conservation
plan, including use of in lieu water, by Pumper that will reasonably
guarantee conservation of water that would otherwise be produced from the
Basin;
(iii) Public policy considerations of local
government jurisdictions, including economic and land use impacts of
proposed water conservation plan.
RVLIT1GT'654952. I
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B. In -Lieu Water Use. In the event a Private Pumper (or
successor) receives recycled and/or imported water from a Public Agency to
serve an overlying use in place of groundwater, or otherwise engages in an
in -lieu program, the overlying water right of the Private Pumper (or
successor) shall not be diminished by the receipt and use of such recycled
and/or imported water or by engaging in an in -lieu program.
C. Well Monitoring. To become a Class A or B Participant,
a Private Pumper shall authorize the metering of the Pumper's well(s) and
the collection of groundwater level and quality data, and the reading thereof
by Management Plan personnel. The metering and readng shall be at no
cost to the Pumper, and the Pumper shall receive copies of the reports and
information obtained upon request.
D. Future Production Participation. Any new Pumper after
the effective date of the Management Plan, as approved by a judgment of the
Superior Court for Riverside County, can only participate as a Class A
Participant as described in Section 7A(1).
RVLIT GT1654952.1
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E. Replacement Wells. The redrilling of existing wells and
the drilling of new wells to replace existing wells will not be considered new
private production.
8. Capital Facilities. Each Public Agency shall continue to own
its existing capital facilities for water management. However, capital
facilities may be jointly constructed and owned by the Management Plan.
Joint financing of such facilities may be funded by regional capital fees,
loans and grants, contributions for storage by The Metropolitan Water
District of Southern California ("Metropolitan") or other third -parties, and
municipal bonds. Responsibility for the costs of any existing and future
capital facility of the Management Plan should be apportioned among the
Public Agencies based on relative benefit to be derived by each Public
Agency. Any of the participating Public Agencies may propose projects to
be included in the Management Plan to increase Management Area water
supply. Such proposals, after evaluation by the Watermaster, shall be
included or rejected. If the Watermaster chooses to reject the proposal, the
proposing Public Agency may implement the rejected project as long as it
does not significantly impact the implementation of the Management Plan
and/or interfere with the ongoing production by the Public Agencies.
RVLIT G654952.1
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9. Soboba Tribe's Water Rights. The Soboba Tribe's water rights
shall be determined as part of a settlement among the Soboba Tribe, the
United States, Eastern, Lake Hemet and Metropolitan. Major points of the
proposed settlement are:
A. The Soboba Tribe shall have a senior, prior right in the
Canyon and San Jacinto Upper Pressure Sub -basins of 9000 afy, but its use
shall be limited to a maximum of 4100 afy during the first 50 years after the
effective date of the settlement.
B. The Soboba Tribe shall have the right to purchase
replenishment water for use pursuant to the Principles of Settlement at the
Management Plan replenishment rate.
C. The Soboba settlement provides that, among other things,
Metropolitan will use its best efforts to deliver sufficient water to yield a 15-
year average of 7,500 afy to the Management Plan until 2035 at its long-
term interruptible rate (currently $233/af).
RVLIT\GT`654952.1
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D. Subject to full funding of the settlement by the United
States, the Management Plan shall pay the Soboba Tribe $10 million.
E. The Management Plan will also pay the Soboba Tribe $7
million. A Public Agency's payment of its share of this amount is optional,
but in order to obtain the benefits of the low-cost Metropolitan water
delivered pursuant to the settlement, a Public Agency shall pay its share of
this amount.
F. The Management Plan will receive $10 million for
capital improvements from the United States, and all unused Soboba Tribe
water based on the Public Agency's participation in the payment in Section
9(E) above.
10. Implementation of These Principles. These Interim Principles
for Water Management shall be used by the parties as a basis for the
preparation of the Management Plan, and a stipulated judgment in a water
rights adjudication. As explained below, the Management Plan shall be
administered by the Watermaster. The Watermaster will be under the
continuing jurisdiction of the Court.
RVLIT-,GT`654952.1
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11. Assessment Program. The assessment program contemplated
by the Management Plan shall be administered by the Watermaster subject
to the governance provisions herein. All payments shall be made to the
Watennaster and shall be maintained in a separate restricted fund. All
assessments shall be used exclusively to acquire imported, recycled or
Metropolitan water for the recharge of the Management Area, and for the
facilities and operational and administrative expenses associated with the
assessment and recharge programs. Subject to Management Plan approval,
assessments may also be used by affected parties to acquire and deliver
water for direct use by the parties, in lieu of pumping.
12. Replenishment Program. The replenishment program
contemplated by the Management Plan shall also be administered by the
Watermaster. The program shall include: the acquisition of supplemental
water supplies (including imported, recycled and Soboba Tribe water); the
expenditure of assessments; the recharge of the Management Area; and the
construction and operation of all necessary facilities, including but not
limited to, development of surface and sub -surface percolation and injection
facilities. Priority for replenishment will be based on an equitable
RVLIT\GT'654952. I
-16-
apportionment of available replenishment water among the sub -basins after
full consideration of: the Public Agency's participation in the payment in
Section 9(E) above; the Management Area conditions; water demands; the
availability of storage capacity to accommodate the recharge of natural
flows; the availability of appropriate conveyance facilities; and the
availability of replenishment or imported water. The Watermaster is
encouraged to take advantage of surplus imported water that occasionally
may be available at low cost, and to use available assessment funds to bank
such recharge against future pumping in excess of adjusted production
rights.
13. Rights to Groundwater. Groundwater in the Management Area
may occur from: natural recharge; spreading operations of natural flows;
replenishment with imported, recycled or Metropolitan water acquired with
assessment funds; or in -lieu recharge programs financed with assessment
funds. All such groundwater shall be available to support the pumping of
the parties as allowed herein, and shall not be the property of any individual
party, subject to the provisions of Section 14.
RVLIT\G 654952.I
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14. Storage Rights. The parties recognize that unused storage
capacity exists in the Management Area, and the Management Plan
contemplates that this capacity will be managed conjunctively with available
imported and recycled water supplies. Subject to availability of the
Management Plan fund for assessments and unused storage capacity as
determined by Watermaster, the Management Area will be recharged and
water stored therein when such supplies are available, and drawn upon by
the Public Agencies in dry years when such supplemental water supplies
may not be available. In addition, unused storage capacity as determined by
Watermaster may be used for "put and take" operations of recycled or
imported water that is paid for by any party to the Management Plan
provided that:
A. Such operations do not interfere with the rights of any
other pumper, or with the use of the storage capacity for recharge and
storage under the Management Plan;
B. Water available for recharge is purchased first, as
needed, for the Management Plan;
RVLIT ,GT `654952.1
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C. Later recovery of stored water shall exclude losses; and
D. Such recovered water may be used anywhere within the
service area of the party.
Any conjunctive use programs for the benefit of territory outside of the
Management Area shall be subject to the governance provisions herein. Any
storage, conjunctive use programs by third parties or in -lieu recharge
programs financed with assessment funds shall be subject to the governance
provisions herein.
15. Spreading Operations. The Public Agencies shall
independently or jointly operate their respective facilities to maximize the
existing spreading and recharge operations of natural flow in the
Management Area.
16. Recharge Water Quality. Consistent with Section 4(E) above
all water used to replenish any sub -basin in the Management Area shall meet
the Regional Water Quality Control Board requirements, and may be used in
any sub -basin where such requirements are met.
RVLIT;GT`654952.1
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17. Recharge Losses. The accounting for storage recharge of the
Management Area shall not include any water that escapes therefrom and
migrates downstream beyond the Management Area. Losses will be
calculated based upon best engineering principles.
18. Recycled Water. The use of recycled water can be of
substantial benefit in providing additional water in the Management Area.
Each Public Agency may implement a recycled water program, including the
ownership, operation and construction of all necessary facilities, and the
application for and administration of any loan or grant applications. The
Management Plan will support to an or grant applications, and the Public
Agencies will work to integrate recycled water into the Management Plan to
the extent economically feasible while meeting regulatory standards.
Subject to existing recycled water contracts, the Management Plan will have
a first right of refusal to purchase excess recycled water for recharge.
Priority shall be given to Management Area recharge for the use of recycled
water which originates therefrom.
19. Export. The Public Agencies may export water outside the
Management Area, on a temporary basis, upon approval by the Watermaster.
RVLIT\GP654952.1
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However, any water exported shall be replenished with an appropriate
amount of similar or better quality water as determined by Watermaster.
Also, water exports by the Public Agencies shall not interfere with the
Management Plan or any other Public Agency's operations. The
Management Plan will set forth the specific criteria for the export of water,
including, but not limited to, conjunctive use programs.
20. Credits. Recharge credits documented before the Management
Plan shall be calculated pursuant to the Management Plan. Future recharge
credits shall be established by replenishment of water or by not exercising
the full, adjusted base production right, and shall be calculated pursuant to
the Management Plan.
21. Tunnel Seepage, Stream Diversions, Fruitvale To resolve
Eastem=s use of Tunnel seepage, Lake Hemet's stream diversions and
Eastern's use of Fruitvale water, 900 afy shall be added to Hemet's adjusted
base production and 900 afy shall be added to San Jacinto's adjusted base
production right as discussed in Section 5 above. This is intended to provide
Hemet and San Jacinto a fair share of water from these disputed issues.
RVLIT GT`654952.I
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22. Governance. The Management Plan will be administered by a
Watermaster as follows:
A. The governing board of the Watermaster shall consist of
one elected official from each of the Public Agencies and one Private
Pumper representative selected by the Private Pumpers who participate in
the Management Plan. Each member shall have one vote.
B. The Watermaster's duties shall include: determining safe
yield; determining replenishment needs; determining annual adjusted base
production rights; purchasing and selling imported and recycled water;
constructing future capital facilities; establishing assessment rates; initiating
necessary conservation and drought management measures; and
implementing other responsibilities identified in the Management Plan
documents.
Dated: , 2003. EASTERN MUNICIPAL WATER
DISTRICT
RV LIT 1GT\654952. I
By:
-22-
Dated: , 2003. LAKE HEMET MUNICIPAL WATER
DISTRICT
By:
Dated: , 2003. CITY OF HEMET
By:
Dated: , 2003. CITY OF SAN JACINTO
RVLIT1GT'654952.1
By:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, APPROVING PRINCIPLES OF WATER
MANAGEMENT
WHEREAS, the City of San Jacinto depends on groundwater from the
Hemet/San Jacinto Groundwater Basin for its domestic water supply; and
WHEREAS, the Hemet/San Jacinto Groundwater Basin is in a state of
overdraft, jeopardizing the longterm viability of the City's domestic water supply;
and
WHEREAS, the City of San Jacinto, the City of Hemet, Eastern Municipal
Water District, Lake Hemet Municipal Water District, and private pumpers have
undertaken a comprehensive groundwater planning process, the goal of which is
to ensure an adequate and reliable long term water supply; and
WHEREAS, the participants have jointly negotiated the "Principles of Water
Management" that is intended to provide the framework for a long range water
management plan.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the
City Council of the City of San Jacinto:
SECTION 1. Principles of Water Management: The Principles of Water
Management, attached hereto as Exhibit "A", are approved as the
basis for development of a water management plan, the goal of
which is to ensure an adequate and reliable source of future water
supply.
SECTION 2. Recharge Credits: The City's approval of the Principles of Water
Management is conditioned upon the understanding that the City will
receive full future recharge credits pursuant to Section 20 of the
Principals of Water Management.
SECTION 3. Effective Date: This Resolution shall become effective upon its
adoption.
Page 1 of 2
RMPUB\R W H\229996.1
APPROVED and ADOPTED this day of , 2004
by the following vote:
Ayes:
Nays:
Absent:
Abstain:
ATTEST:
Dorothy L. Chouinard, City Clerk
Page 2 of 2
RMPUBIR W H1229996.1
City of San Jacinto
by Jim Ayres, Mayor
AGENDA ITEM 4.
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Peter A. Cosentini, City Manager
SUBJECT: Funding Source to Paint City Hall
RECOMMENDATION:
It is recommended that the City Council put on hold the painting of City Hall and
direct the City Manager to review this capital request in the context of the budget
process.
BACKGROUND:
At the last City Council meeting, City Council directed staff to bring back funding
options for the painting of City Hall. Staff has researched the potential sources of
funding and criteria to determine the feasibility of the painting of City Hall. Staff
was not able to find restricted funds that allow the use of funds for this type of
work for City Hall. And as you know, general funds are limited and are
committed to fund essential public services to the community, and to support the
deficit spending that currently exists in the General Fund. Therefore, considering
the sensitivity of the general fund, staff recommends that Council does not use
unrestricted-undesignated general funds for this project, and place this project on
hold until the next budget process. In this way, the project can compete with
other needs of the City.
JUSTIFICATION:
The City Manager continues to recommend to the Council that general fund
reserves be spent conservatively.
BUDGETARY IMPACT:
Option to recommendation - If Council chooses to proceed with this project,
$5,000 would have to be allocated from the general fund.
Page 1 of 2
City Manager:
Finance Director:
ATTACHMENTS:
None
Page 2 of 2
AGENDA ITEM 5.1.1
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Bernie Simon Finance Director
SUBJECT: Approve Warrant Register for Warrants, Prepaid Checks, and
Payroll Checks
RECOMMENDATION:
By motion, approve the warrant register for the warrants and prepaid items and
payroll checks issued since the last Council meeting, for the period ending
February 19, 2004
BACKGROUND:
The following are the warrant and check numbers for this cycle:
Warrant/Prepaid # s
Cycle Dates
Payroll Checks
Cycle Date
66492-66724
February 19, 2004
16320-16375
February 19,2004
Payroll information is available for Council review in the Finance Department.
JUSTIFICATION:
All warrants, pre -paid checks and payroll checks require Council approval.
BUDGETARY IMPACT:
Adequate funds have been budgeted to cover the subject expenses.
ATTACHMENTS:
1 — Detailed listing of invoices paid and warrant register.
Page 1 of 1
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66492
2/4/04
Eye care of america
REQUEST 2/2/04
REQUEST 2/2/04
REQUEST 2/2/04
Vision ins premium feb 04
Vision ins premium feb 04
Vision ins premium feb 04
085-0000-202.21-35
085-0000-202.21-36
065-0000-201.08-64
689.81
77.97
28.77
796.55
66493
2/4/04
Icma retirement trust
REQUEST 2/4/04
Jan 22, 2004
085-0000-202.21-29
125.00
125.00
66494
2/4/04
Pacificare of california
REQUEST 2/2/04
REQUEST 2/2/04
REQUEST 2/2/04
Health ins premium feb 04
Health ins premium feb 04
Health ins premium feb 04
085-0000-202.21-39
085-0000-202.21-40
065-0000-201.08-64
28,074.86
3,923.85
1,114.19
33,112.90
66495
2/4/04
Preferred benefit insurance admin.
REQUEST 2/2/04
REQUEST 2/2/04
Dental ins feb 04
Dental ins feb 04
085-0000-202.21-32
085-0000-202.21-31
3,712.64
60.87
3,773.51
66496
2/4/04
So. california edison co.
REQUEST 2/4/04
Utilities
050-9000-450.35-40
15,806.50
15,806.50
66497
2/4/04
So. california gas co.
REQUEST 2/4/04
REQUEST 2/4/04
REQUEST 2/4/04
REQUEST 2/4/04
REQUEST 2/4/04
REQUEST 2/4/04
REQUEST 2/4/04
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
010-2500-425.35-12
010-3100-431.35-12
010-6100-425.35-12
010-7400-425.35-12
021-4150-410.35-12
021-4150-410.35-12
010-6500-425.35-12
331.84
169.12
56.09
345.76
102.61
34.78
3.84
1,043.84
66498
2/4/04
Standard insurance, the
REQUEST 2/2J04
Feb 04 insurance prem
085-0000-202.21-46
5,355.83
5,355.83
66499
2/4/04
Toyota financial services
REQUEST 2/4/04
Lease 010712 67120
063-1700-410.40-45
516.12
516.12
66500
2/4/04
Toyota financial services
REQUEST 2/4/04
Lease 010712 67154
063-1700-410.40-45
516.12
516.12
66501
2/4/04
Verizon california
REQUEST 2/4/04
Telephone
010-2500-425.35-60
642.69
642.69
66502
2/4/04
Campbell, robert
REQUEST 2/4/04
Reimb installation fee
050-0000-310.07-96
400.00
400.00
66505
2/10/04
Calpers
REQUEST 2/05/04
Retire contb 2/5/04 type3
085-0000-202.21-28
23,250.62
23,250.62
66506
2/10/04
Chicago title company
REQUEST 2/10/04
Property acquisition
065-0000-201.08-60
17,582.66
17,582.66
66507
2/10/04
Colt defense Ilc
REQUEST 1/22/04
Tuition attn: k. southern
010-3100-431.31-20
375.00
375.00
66508
2/10/04
Hartford life insurance companies
REQUEST 2/05/04
Grp#109947 contb 2/5/04
085-0000-202.21-29
4,031.38
4,031.38
66509
2/10/04
Holbrook, christopher
REQUEST 1/7/04
Tuition reimbursment
010-2500-425.31-20
619.25
619.25
66510
2/10/04
Icma retirement trust
REQUEST 2/05/04
Def comp contb 2/5/04
085-0000-202.21-29
740.38
740.38
Page 1
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66511
2/10/04
Lincoln life
REQUEST 2/05/04
Def comp contrb 2/5/04
085-0000-202.21-29
335.00
335.00
66512
2/10/04
Riverside, county of
REQUEST 2/05/04
REQUEST 2/05/04
Filing de minimis impact
Filing de minimis impact
010-1700-417.36-25
010-1700-417.36-25
64.00
64.00
128.00
66602
2/19/04
A-1 lock & key service
29762
Supplies
010-4150-410.33-50
19.31
19.31
66603
2/19/04
Al's kubota tractor
161512
161620
161463
Supplies
Supplies
Supplies
010-4150-410.21-80
010-4150-410.21-80
010-7100-410.33-30
13.45
35.00
10.00
58.45
66604
2/19/04
Alex towing
1120
Towing fees
010-3320-431.33-50
30.00
30.00
66605
2/19/04
All american sewer tools
41008
Supplies
055-4170-450.33-30
393.73
393.73
68606
2/19/04
Allen lire company
166797
Auto repair
010-3320-431.33-50
57.07
57.07
66607
2/19/04
American forensic nurses
17366
Analyisis
010-3100-431.34-05
181.00
181.00
66608
2/19/04
Anady's trophies
44017
Supplies
010-1700-417.21-10
15.89
15.89
66609
2/19/04
Andre landscaping service, inc.
18685
18692
18315
Maint billing jan 2004
Maint billing jan 2004
Oct 2003 maint
010-7100-410.34-05
301-8833-500.34-05
301-8833-500.34-05
25,971.32
1,100.00
1,100.00
28,171.32
66610
2/19104
Aqua conserve, inc.
0004557
0004558
Supplies
Supplies
050-9000-450.33-30
050-9000-450.33-30
413.43
421.46
834.89
66611
2/19/04
Arrangement gallery florist, the
11/11/03
Veterans day flowers
010-2510-425.40-08
201.63
201.63
66612
2/19/04
At & t
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
12/25/03 STMT
1/9/04 6779
1/22/04 6478
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
010-2500-425.35-16
010-3100-431.35-16
010-7400-425.35-16
010-4150-410.35-16
050-9000-450.35-16
010-2500-425.35-16
025-7252-410.35-16
010-6100-425.35-16
010-2500-425.35-16
010-2500-425.35-16
847.26
887.01
23.76
57.20
57.20
337.77
23.16
3.83
70.60
22.12
2,329.91
Page 2
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66613
2/19/04
B & w pipe & supply
62442
62444
62449
Supplies
Supplies
Supplies
010-7100-410.33-30
010-7100-410.33-30
010-7100-410.33-30
234.51
-90.06
-35.44
109.01
66614
2/19/04
Best best & krieger Ilp
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
10/20/2003
12/31/2003
12/31/2003
12/31/2003
12/31/2003
12/31/2003
12/31/2003
1/31/2004
1/31/2004
1/31/2004
1/31/2004
1/31/2004
1/31/2004
1/31/2004
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional services
Professional servcies
Professional servcies
Professional servcies
Professional servcies
Professional servcies
Professional servcies
Professional servcies
096-1111-411.30-90
050-1111-411.30-90
010-1111-411.30-90
026-7511-410.30-91
026-7510-410.30-91
026-7512-410.30-91
102-1400-500.30-90
065-0000-201.08-10
065-0000-201.08-60
200-8850-450.30-90
096-1111-411.30-90
050-1111-411.30-90
010-1111-411.30-90
065-0000-201.08-10
065-0000-201.08-60
033-8850-450.30-91
096-1111-411.30-90
050-1111-411.30-90
010-1111-411.30-90
026-7513-410.30-91
065-0000-201.08-10
065-0000-201.08-60
033-8850-450.30-91
9,419.98
4,312.46
24,091.02
980.94
1,900.57
61.31
122.62
8,630.51
909.35
1,117.72
1,628.83
2,842.96
17,862.25
8,028.82
502.85
4,546.77
5,830.05
6,241.80
29,259.53
135.00
860.00
743.00
269.15
130,297.49
66616
2/19/04
Bowman signs
1936
Supplies
010-3300-431.21-10
152.33
152.33
66617
2/19/04
Business bank of california
REQUEST 1/30/04
Progress payment # 15
054-0000-101.11-15
3,666.00
3,666.00
66618
2/19/04
Business press, the
2/5/04 B039809
Subscription
010-1700-417.21-10
108.00
108.00
Page 3
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66619
2/19/04
C.m. de crines & co., inc.
186
Professional servcies
065-0000-201.08-13
1,653.75
1,653.75
66620
2/19/04
Ca. municipal treasurer's assc
16745
16745
Membership dues
Membership dues
010-1410-414.30-16
010-1400-414.30-16
60.00
60.00
120.00
66621
2/19/04
Castellano's towing & recovery
45625
Towing fees
010-3100-431.33-50
45.00
45.00
66622
2/19/04
Ced consolidated electrical
2903-425456
2983-425357
Supplies
Supplies
025-7260-410.21-30
050-9000-450,33-30
54.68
76.90
131.58
66623
2/19/04
Christie steel fabrication
9467
Supplies
056-4150-410.33-50
7.00
7.00
66624
2/19/04
Ciernia, james r.
REQUEST 2/5/04
Refund
010-0000-308.06-04
2,686.00
2,686.00
66625
2/19/04
Comserco
01/MA50211531
01/MA50211530
Maint billing 2/1to 2/29
Maint bill 2/1 to 2/29/04
010-3100-431.34-05
050-9000-450.34-05
542.75
86.10
628.85
66626
2/19/04
Comtronix of hemet
40813
40849
Supplies
Supplies
010-3100-431.33-50
010-3100-431.34-05
121.08
240.00
361.08
66627
2/19/04
Costco - temecula
1/19/04
1/19/04
1/19/04
Supplies
Supplies
Supplies
010-2500-425.21-10
010-1210-412.21-10
010-1200-412.21-10
115.66
102.25
12.80
230.71
66628
2/19/04
Cutting edge staffing
15689
15689
15605
15605
15735
15735
15735
15779
15779
15779
Temp employees
Temp employees
Temp employees
Temp employees
Temp employee
Temp employee
Temp employee
Temp employee
Temp employee
Temp employee
010-3300-431.30-90
010-7100-410.30-90
010-3300-431.30-90
010-7100-410.10-04
010-7100-410.10-04
010-3300-431.30-90
102-1400-500.10-04
010-7100-410.10-04
010-3300-431.30-90
102-1400-500.10-04
2,600.10
548.28
1,850.10
426.44
548.28
2,597.00
586.08
548.28
3,024.29
504.68
13,233.53
66629
2/19/04
Cwea specialty conference
REQUEST 2/9/04
Registration conference
055-4170-450.31-20
135.00
135.00
66630
2/19/04
Dell computers
626220462
623472124
Hardware
Computer systems
050-1400-414.40-45
010-3300-431.40-45
5,008.65
3,650.26
8,658.91
Page 4
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66631
2/19/04
Deluxe business forms & supplies
13449735
Office supplies
010-1400-414.21-10
2,043.02
2,043.02
66632
2/19/04
Dewey's electric
1/28/04
2/5/04
Services rendered
Services rendered
010-3100-431.21-10
010-2500-425.33-10
95.00
265.40
360.40
66633
2/19/04
E.s. babcock & sons, inc.
AA41672-0278
AA41591-0278
AA41282-0278
Analysis
Analysis
Analysis
050-9000-450.33-30
050-9000-450.33-30
050-9000-450.33-30
60.00
60.00
48.00
168.00
66634
2/19/04
Eastern municipal water district
1/20/04 8985903
1/21/04 7889302
1/21/04 6670302
1/21/04 9406802
1/21/04 9574602
1/21/04 9406902
1/21/049407002
1/22/04 9406702
1/22/04 9626704
1/22/04 9451303
1/22/041479860
1/13/04 8137703
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7250-410.35-10
025-7100-410.35-10
025-7251-410.35-10
36.45
8.37
284.13
78.66
56.46
11.43
12.55
8.37
119.11
334.55
8.37
469.83
1,428.28
66635
2/19/04
Edwards, trina
REQUEST 2/9/04
Reim water dep# 20019113
050-0000-229.08-70
98.25
98.25
66636
2/19/04
Empire homes
REQUEST 2/9/04
Reim water dep# 27416
050-0000-229.08-70
55.06
55.06
66637
2/19/04
Employment development departrr
3/18/04
Seminar aftn: c. bohn
010-1400-414.31-20
15.00
15.00
66638
2/19/04
Essco
6708
Supplies
055-4170-450.33-30
358.11
358.11
66639
2/19/04
Excel steam
2135
Maint for Jan 2004
010-3100-431.33-10
625.00
625.00
66640
2/19/04
Family sport & fitness
89
89
89
89
89
89
February 2004
February2004
February2004
February 2004
February2004
February2004
010-1110-411.11-10
010-1200-412.11-10
010-1400-414.11-10
010-1700-417.11-10
010-3300-431.11-10
010-4150-410.11-10
20.00
20.00
60.00
20.00
450.00
150.00
810.00
Page 5
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66640...
2/19/04...
Family sport & fitness...
89
89
89
89
89
89
February 2004
February 2004
February2004
February 2004
February 2004
February 2004
010-4200-410.11-10
010-7100-410.11-10
010-7400-425.11-10
085-0000-202.21-76
096-1700-417.11-10
099-1700-417.11-10
10.00
10.00
10.00
30.00
20.00
10.00
810.00...
66641
2/19/04
Federal express
1-637-71499
1-584-23210
Postage
Postage fees
010-2500-425.21-10
050-1400-414.21-10
9.88
21.16
31.04
66642
2/19/04
Fleet services
PU000000342
PU000000342
PU000000342
PU000000342
PU000000342
PU000000342
PU000000342
PU000000342
PU000000342
November 2003
November 2003
November 2003
November 2003
November 2003
November 2003
November 2003
November 2003
November 2003
010-1200-412.33-50
010-1400-414.21-10
010-3100-431.21-70
010-1700-417.21-70
010-3300-431.21-70
010-4150-410.21-70
010-7100-410.21-70
050-9000-450.21-70
010-3320-431.21-70
22.12
39.55
3,448.59
40.01
57.79
360.80
323.16
595.09
62.85
4,949.96
66643
2/19/04
Flowers, Iinda
REQUEST 2/9/04
Reim water dep# 90023048
050-0000-229.08-70
36.27
36.27
66644
2/19/04
Garcia, nancy
REQUEST 2/9/04
Reim water dep# 20008016
050-0000-229.08-70
31.01
31.01
66645
2/19/04
Gaudet design group
732
741
750
Professioinal services
Professioinal services
Professioinal services
010-6500-425.34-05
010-6500-425.34-05
010-6500-425.34-05
2,544.25
5,000.00
5,196.00
12,740.25
66646
2/19/04
Genesis construction
REQUEST 1/30/04
REQUEST 1/30/04
Progress payment # 15
Progress payment # 15
054-9000-450.40-01
054-0000-210.20-25
36,660.00
-3,666.00
32,994.00
66647
2/19/04
Gfb-friedrich & assoc., inc.
0401-31
0401-31
0401-31
0401-26
0401-31
Professional services
Professional services
Professional services
Professional services
Professional services
025-7250-410.30-90
025-7251-410.30-90
025-7252-410.30-90
102-1400-500.30-90
025-7260-410.30-90
282.96
42.22
83.57
1,250.39
260.25
4,179.39
Page 6
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66647...
2/19/04...
Gfb-friedrich & assoc., inc....
0401-29
0401-27
0401-27
Professional services
Professional services
Professional services
026-7518-410.30-92
026-7516-410.30-92
026-7517-410.30-92
120.00
1,840.00
300.00
4,179.39...
66648
2/19/04
Global industrial equipment
54010773
Supplies
102-1400-500.40-45
1,240.74
1,240.74
66649
2/19/04
Great pacific equipment, inc.
14753
Supplies
010-4150-410.33-50
101.41
101.41
66650
2/19/04
Hdl software, Ilc
8953-IN
Jan -mar 2004 property tax
010-2500-425.30-90
2,700.00
2,700.00
66851
2/19/04
Hemet heating & cooling
1/5/04
Supplies
010-6500-425.34-05
43.10
43.10
66652
2/19/04
Hemet rubber stamp
41406
41406
Supplies
Supplies
010-3320-431.21-10
010-1700-417.21-10
27.15
33.14
60.29
66653
2/19/04
Hemet valley pipe & supply
81406
81321
81270
Supplies
Supplies
Supplies
010-7100-410.33-30
010-7100-410.33-30
010-7100-410.33-30
22.57
1.94
1.23
25.74
66654
2/19/04
Hemet valley tool & supply
66511
Supplies
055-4170-450.33-30
55.98
55.98
66655
2/19/04
Hi -way safety
35423
Suppplies
022-4150-410.40-01
158.93
158.93
66656
2/19/04
Horizon water
1/26 CITY
12/23/03
1/26/04 VIRGINA
12/23/03
12/23 POLICE
01/26 POLICE
Supplies
Office supplies
Supplies
Supplies
Supplies
Supplies
010-2500-425.21-10
010-2500-425.21-10
010-2500-425.34-05
010-2500-425.34-05
010-3100-431.35-10
010-3100-431.35-10
41.50
34.60
48.50
27.70
107.00
134.60
393.90
66657
2/19/04
Inland foundation eng. inc.
7826
7828
December 2003
December 2003
054-9000-450.40-01
054-9000-450.40-01
3,235.00
917.50
4,152.50
66658
2/19/04
Inland water works supply co.
133922
Supplies
050-9000-450.33-30
75.26
75.26
66659
2/19/04
International institute of
17150
Membeship dues 3/31/2005
010-1110-411.30-16
135.00
135.00
66660
2/19/04
J & r concrete prod. inc.
18585
Supplies
050-9000-450.33-30
562.99
562.99
66661
2/19/04
Jobs available
403080
Advertisment
010-1210-412.36-25
309.38
309.38
66662
2/19/04
Joe's sheet metal
12758
Supplies
010-3200-431.33-30
129.30
129.30
66663
2/19/04
Karl's tractor service
1/13/04
Weed abatement
105-3320-431.34-05
836.50
836.50
Page 7
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66664
2/19/04
La chemcial
269910
Supplies
050-9000-450.33-30
1,444.91
1,444.91
66665
2/19/04
Lancaster inspection services
04-03
Professional services
010-3300-431.10-04
2,888.00
2,888.00
66666
2/19/04
Lavin, robed a.
02-04
Superintendentjan 2004
010-4200-410.10-04
5,320.00
5,320.00
66667
2/19/04
Los angeles engineering
REQUEST 2/9/04
Reim water dep# 2727
050-0000-229.08-70
411.52
411.52
66668
2/19/04
Lsa associates, inc.
55161F
Professional services
010-1700-417.30-90
1,172.50
1,172.50
66669
2/19/04
Main street realty
REQUEST 2/9/04
Reim water dep# 40002195
050-0000-229.08-70
142.02
142.02
66670
2/19/04
Marroquin, forge luis
REQUEST 1/5/04
Reimb water dep #50019038
050-0000-229.08-70
41.00
41.00
66671
2/19/04
Matt chlor inc.
90335
Supplies
050-9000-450.33-30
376.96
376.96
66672
2/19/04
Merrill, roark
REQUEST 2/9/04
Reim water dep# 10001019
050-0000-229.08-70
44.25
44.25
66673
2/19/04
Mickey ibarra & associates, inc.
193
Professional fees
010-2500-425.30-90
2,500.00
2,500.00
66674
2/19/04
Mission uniform services, inc.
17980950
17981969
17981972
17982991
17982994
Supplies
Uniform supplies
Supplies
Uniform supplies
Uniform supplies
010-7400-425.33-10
050-9000-450.21-35
010-4150-410.21-35
050-9000-450.21-35
010-4150-410.21-35
24.27
58.14
49.09
57.83
49.09
238.42
66675
2/19/04
Municipal management associatior
01190409
Membership dues
010-1200-412.31-20
50.00
50.00
66676
2/19/04
National business furniture
MC0828-WOD
Rack for magaznie
010-3300-431.21-10
169.97
169.97
66677
2/19/04
Neeley, carlo dwayne
REQUEST 2/9/04
REQUEST 2/9/04
Reimb water dep# 20014008
Overpay on acct# 20014008
050-0000-229.08-70
050-0000-308.09-10
50.00
26.40
76.40
66678
2/19/04
New world systems
100000024062
100000024063
Rendered services
Rendered services
060-3100-431.40-45
060-3100-431.40-45
393.64
210.12
603.76
66679
2/19/04
Nextel communications
STMT 1/19/04
Telephone
010-3100-431.34-05
664.46
664.46
66680
2/19/04
Overnight industrial
22378
Supplies
010-4150-410.21-35
16.11
16.11
66681
2/19/04
Pacific alarm svc., inc.
40394
Feb 2004
010-3100-431.21-19
26.00
26.00
66682
2/19/04
Perez, garcia rosalina
REQUEST 2/9/04
Reim water dep# 60024042
050-0000-229.08-70
67.40
67.40
66683
2/19/04
Perry, timothy alien
REQUEST 2/9/04
Reim water dep# 30001118
050-0000-229.08-70
112.31
112.31
66684
2/19/04
Pierce plumbing
30535
30539
Supplies
Supplies
010-7400-425.33-10
010-4150-410.33-30
1.51
26.04
27.55
Page 8
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66685
2/19/04
Pip printing
66045 CREDIT
67138
67052
67394
Supplies
Office supplies
Office supplies
Office supplies
010-1100-411.36-10
065-0000-103.12-65
010-1700-417.21-10
010-1700-417.21-10
-152.33
77.58
36.83
343.23
305.31
66686
2/19/04
Ponce, joel
REQUEST 2/9/04
Reim water dep# 20005094
050-0000-229.08-70
9.10
9.10
66687
2/19/04
Powell, patricia r.
REQUEST 2/9/04
Reim water dep# 40006077
050-0000-229.08-70
180.00
180.00
66688
2/19/04
Press enterprise
689121
689304
2145253
2131182
2131181
2150405
2151146
2140120
2132998
2132999
2138536
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
010-2510-425.40-09
010-1700-417.36-25
055-1111-411.30-90
010-1700-417.36-25
010-1700-417.36-25
010-1700-417.36-25
010-1700-417.36-25
010-1700-417.36-25
010-1210-412.36-25
010-1210-412.36-25
010-1210-412.36-25
371.70
185.85
252.25
86.90
24.85
69.10
170.50
114.40
767.15
866.17
712.35
3,621.22
66689
2/19/04
Quality auto parts
D650015
D649026
D649025
D650734
D651392
D647144
D653552
D653819
D623698
D621126
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
056-4150-410.33-30
056-4150-410.33-30
056-4150-410.33-30
056-4150-410.33-50
010-7100-410.33-50
010-7100-410.33-50
050-9000-450.33-50
010-3100-431.33-50
010-3100-431.33-50
010-3100-431.33-50
4.84
6.42
18.49
12.84
9.62
45.45
8.05
16.68
2.78
11.84
137.01
66690
2/19/04
Quirarte, maria
REQUEST 2/9/04
Reim water dep# 10026090
050-0000-229.08-70
159.55
159.55
66691
2/19/04
Ramona floors
008449
Services rendered
010-3100-431.21-10
110.00
110.00
Page 9
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66692
2/19/04
Ramona tire
131022
Supplies
050-9000-450.33-50
30.00
30.00
66693
2/19/04
Reliable
YYY08400
YX772600
CYH74200
RL890500
CYH74200
CYH74200
RNW14100
RPM48900
CZG35200
CZG35200
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
Office supplies
010-4200-410.21-10
010-1100-411.21-10
010-3300-431.21-10
010-2500-425.21-10
010-1700-417.21-10
010-3300-431.21-10
010-1400-414.21-10
010-2500-425.21-10
010-2500-425.21-10
010-1700-417.21-10
36.75
109.32
72.16
119.58
135.72
9.12
37.79
575.36
247.28
139.19
1,482.27
66694
2/19/04
Riverside county sheriffs
SH0000001590
SH0000001624
Nov13-dec10,2003 contract
Booking fees
010-3100-431.10-04
010-3100-431.30-19
11,512.00
2,428.80
13,940.80
66695
2/19/04
Riverside, county of
REQUEST 2/9/04
Parking violations
010-0000-304.03-35
53.00
53.00
66696
2/19/04
Rk engineering group, Inc.
2004-09
Professional servcies
065-0000-201.06-47
225.00
225.00
66697
2/19/04
Rod's automotive performance
140127006
140120003
Auto repair
Auto repair
010-3100-431.33-50
010-3100-431.33-50
696.21
40.40
736.61
66698
2/19/04
Rogers,anderson,malody & scott 11112/31/03
Professional services
010-1400-414.30-90
447.00
447.00
66699
2/19/04
Rosenow spevacek group inc.
13892
Professional servcies
010-1700-417.30-90
4,815.00
4,815.00
66700
2/19/04
Sharps ace hardware
637982
Supplies
050-9000-450.33-30
28.93
28.93
66701
2/19/04
Smart & final
36256
38841
Office supplies
Supplies
010-2500-425.21-10
010-1200-412.21-10
52.88
43.82
96.70
66702
2/19/04
So. california gas co.
1/23/041031862
Utilities
010-2500-425.35-12
20.58
20.58
66703
2/19/04
Starner, edward I.
01012004
Interim supervisor 1/2004
050-9000-450.10-04
2,610.00
2,610.00
66704
2/19/04
State of california dept of justice
460411
460212
Analysis
Analysis
010-3100-431.34-05
010-3100-431.34-05
210.00
35.00
245.00
66705
2/19/04
Stericycle
2640859
Analysis
010-3100-431.34-05
73.40
73.40
66706
2/19/04
Stetson engineers inc.
12264
Professional services
050-9000-450.40-01
9,368.09
9,368.09
Page 10
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66707
2/19/04
Strattons janitorial service
2588
2569
2570
Cleaning fees jan 2004
Cleaning fees Jan 2004
Cleaning fees jan 2004
010-7400-425.34-05
010-2500-425.34-05
010-1700-417.34-05
590.00
475.00
600.00
1,665.00
66708
2/19/04
Subbarayan krishnan, m.d.
09/09/03 WAGNEF
Sjpd class a cpe
010-1210-412.30-16
400.00
400.00
66709
2/19/04
Sungard hte, inc.
843541
843469
Java-gmba software 04/05
Qrep-hte software 04/05
010-1400-414.34-05
010-1400-414.34-05
10,375.05
1,138.48
11,513.53
66710
2/19/04
Talley, joe b
REQUEST 2/9/04
Reim water dep# 2045
050-0000-229.08-70
72.58
72.58
66711
2/19/04
Templeton, jack
REQUEST 1/28/04
Reimbursment
010-1400-414.21-10
15.06
15.06
66712
2/19/04
Tri buick pontiac gmc
BUCS63823
Auto repair
010-1400-414.33-50
446.89
446.89
66713
2/19/04
Tri-lake consultants, inc.
1921
1924
1923
1925
1926
1927
Professional servcies
Professional servcies
Professional servcies
Professional servcies
Professional servcies
Professional servcies
065-0000-201.06-47
065-0000-201.06-47
065-0000-201.06-47
065-0000-201.06-47
065-0000-201.06-47
065-0000-201.06-47
1,472.79
12,686.02
3,380.86
8,679.84
4,626.07
8,444.01
39,289.59
66714
2/19/04
Underground service alert
4010605
Supplies
050-9000-450.33-30
213.60
213.60
66715
2/19/04
Valley chronicle, the
1523136
1523137
1523138
1523139
1523141
Advertisment
Advertisment
Advertisment
Advertisment
Advertisment
010-3100-431.21-10
010-3100-431.21-10
010-3100-431.21-10
010-3100-431.21-10
010-3100-431.21-10
20.00
20.00
20.00
20.00
20.00
100.00
66716
2/19/04
Vulcan materials company
200724
Supplies
010-4150-410.33-30
158.25
158.25
66717
2/19/04
Western highway products
355485
Supplies
021-4150-410.40-01
1,994.89
1,994.89
66718
2/19/04
Wetworks pool care
2/1/04 STMT
Monthly service feb 2004
010-8400-425.33-10
681.33
681.33
66719
2/19/04
Withell, lydia
REQUEST 2/9/04
Reimb overpay #30020060
050-0000-308.09-10
151.38
151.38
66720
2/19/04
Wolford, margaret
1-04
Transcription fees
010-3100-431.34-05
324.00
324.00
66721
2/19/04
Xerox corporation
000358470
000358731
Lease on copiers
Lease on copiers
010-2500-425.34-05
010-2500-425.34-05
737.96
180.91
1,584.51
Page 11
City of San Jacinto
Warrant Register
Date: 02/19/2004
Check
Number
Check Date
VendorName
Invoice Number
Description
Account
Number
Transaction
Amount
Check
Total
66721...
2/19/04...
Xerox corporation...
358739
358766
186503524
Lease on copier
Lease on copier
Lease on copier
010-7400-425.34-05
010-2500-425.34-05
010-3100-431.34-05
199.97
383.78
81.89
1,584.51...
66722
2/19/04
24 hour fire protection, inc.
103151
Supplies
010-3100-431.33-10
45.00
45.00
66723
2/19/04
5th palm dale corporation
REQUEST 2/5/04
Refund overpay bus Iicens
010-0000-301.01-60
70.00
70.00
66724
2/19/04
9-1-1 magazine
902051-B2
Magazine subcription
010-3100-431.21-15
26.95
26.95
Total Checks 489,413.52
Page 12
AGENDA ITEM 5. 3
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Tim Hults, Community Development Director/\I-
SUBJECT: Ratification of the City Manager's Approval and Execution of a
Contract with Kammeyer and Associates to conduct ongoing
Landscape Plan Checks and Inspections.
RECOMMENDATION:
By motion, ratify the City Manager's Approval and Execution of a Contract with
Kammeyer and Associates to conduct ongoing Landscape Plan Checks and
Inspections.
BACKGROUND:
In order to ensure that parkway landscaping improvements and parks have
appropriate landscape and irrigation improvements, Staff recently solicited
proposals from landscape architectural firms to provide for ongoing landscape
plan checks and inspections. Two proposals were received, one from David
Evans and Associates and the other from Kammeyer and Associates. Staff
recommended that the City Manager engage the services of Kammeyer and
Associates because of the lower rates quoted for plan check and inspection, and
the firms positive history with the City (Main Street Project).
City Manager:
Finance Director:
Page 1 of 2
JUSTIFICATION:
The City Manager is authorized to execute professional service contracts up to
$75,000. While it is not anticipated that the contract will generate service costs
in excess of $75,000 this fiscal year, it is possible that the overall life of the
service contract could result in costs over $75,000. Therefore, the City Manager
felt it was important that the Council ratify his contract approval and execution.
BUDGETARY IMPACT:
The cost of the services will be fully reimbursed through plan check and
inspection fees.
ATTACHMENTS:
Contract
Page 2 of 2
CITY OF SAN JACINTO
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 8th day of December, 2003 by and between the
City of San Jacinto, a public body, corporate and politic, with its principal place of business at 201
East Main Street, San Jacinto, Califomia 92583 ("City") and Kammeyer & Associates a corporation,
with its principal place of business at The Ranch, 2837 Kellogg Avenue, Corona, Califomia, 92881-
3524 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional
services required by the City on the terms and conditions set forth in this Agreement. Consultant
represents that it is experienced in providing professional Landscape Plan Check and Inspection
services to public clients, is licensed in the State of Califomia, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Landscape Plan Check and
Inspections services for the City of San Jacinto ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to fumish to
the City all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the professional Plan Check consulting services necessary for the
Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto
and incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 8, 2003, until determined by
Community Development Director unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines set by City staff.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this
Agreement. Any additional personnel performing the Services under this Agreement on behalf of
RVPUBIDKG1621686
-1-
Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and as required by
law. Consultant shall be responsible for all reports and obligations respecting such additional
personnel, including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference ("Schedule"). Consultant
represents and warrants that it has the professional and technical personnel required to perform the
Services in conformance with such Schedule. In order to facilitate Consultants conformance with
the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance time lines to meet the
Schedule.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should one or
more of such personnel become unavailable, Consultant may substitute other personnel of at least
equal competence upon written approval of City. In the event that City and Consultant cannot agree
as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
As discussed below, any personnel who fail or refuse to perform the Services in a manner
acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat
to the adequate or timely completion of the Project or a threat to the safety of persons or property,
shall be promptly removed from the Project at the request of the City.
3.2.5 Agency's Representative. The City hereby designates its Community
Development Director, or his/her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of
the City for all purposes under this Agreement. Consultant shall not accept direction or orders from
any person other than the City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Todd Bagley, RLA, or his
designee, to act as its representative for the performance of this Agreement ("Consultant's
Representative"). Consultant's Representative shall have full authority to represent and act on
behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative
shall supervise and direct the Services, using his best skill and attention, and shall be responsible for
all means, methods, techniques, sequences and procedures and for the satisfactory coordination of
all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work doselywith City staff in
the performance of Services and shall be available to City staff, consultants and other staff at all
reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
Califomia. Consultant represents and warrants that it is skilled in the professional calling necessary
to perform the Services. Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Consultant
RVPUBIDKG1621686
-2-
represents and warrants that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City of San Jacinto ("City") business license, and that such licenses and approvals shall
be maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of
persons or property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be
re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services, including all CaI/OSHA requirements, and shall give all
notices required by law. Consultant shall be liable for all violations of such laws and regulations in
connection with Services. If the Consultant performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Consultant shall be solely
responsible for all costs arising there from. Consultant shall defend, indemnify and hold the City, the
City and their respective directors, officials, officers, employees, agents and volunteers free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability
arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory to
the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of this
Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Agreement. Such insurance shall meet at least the following minimum levels of
coverage:
(A) Minimum Scope of Insurance. Coverage shall beat least as
broad as the latest version of the following: (1) General Liability. Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability.
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers' Compensation and Employer's Liability. Workers' Compensation insurance as required
by the State of Califomia and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers'
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Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor
Code of the State of Califomia. Employer's Liability limits of $1,000,000 per accident for bodily injury
or disease.
3.2.10.3 Professional Liability. Consultant shall procure and maintain,
and require its sub -consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their profession.
Such insurance shall be in an amount not less than approved by the City's Risk Manager, and shall
be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed
to state that: (1) the City and it's respective directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Services or operations
performed by or on behalf of the Consultant, including materials, parts or equipment fumished in
connection with such Services; and (2) the insurance coverage shall be primary insurance as
respects the City and it's respective directors, officials, officers, employees, agents and volunteers,
or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage. Any insurance or self-insurance maintained by the City and their respective
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City and it's respective directors, officials, officers, employees, agents
and volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City and it's respective directors, officials, officers, employees,
agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained the City
and it's respective directors, officials, officers, employees, agents and volunteers shall be excess of
the Consultant's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employer's Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City and it's respective
directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or
canceled except after thirty (30) days prior written notice by certified mail, retum receipt requested,
has been given to the City; and (2) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City and it's
respective directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection afforded
to the City and its respective directors, officials, officers, employees, agents and volunteers.
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3.2.10.6 Deductibles and Self -Insurance Retentions. Any deductibles
or self -insured retentions must be declared to and approved by the City. Consultant shall guarantee
that, at the option of the City, either. (A) the insurer shall reduce or eliminate such deductibles or
self -insured retentions as respects the Agency, the City and its respective directors, officials, officers,
employees, agents and volunteers; or (B) the Consultant shall procure a bond guaranteeing payment
of losses and related investigation costs, claims and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in Califomia,
and satisfactory to the Agency.
3.2.10.8 Verification of Coverage. Consultant shall fumish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms
provided by the City if requested. All certificates and endorsements must be received and approved
by the City before performance of Services commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.2.11 Safety. Consultant shall execute and perform its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection
and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized
cost and expense reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "C" attached hereto and incorporated herein by reference. In no event shall the total
compensation, including authorized cost and expense reimbursements, exceed One Thousand Two
Hundred dollars ($1,200.00) for the preparation of a plan check list and an hourly fee for plan check
services will be Eighty-five dollars per hour ($85.00/hour) without written approval of Agency's
Representative. Extra Work, as defined below, may be authorized as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates the portion of Services work completed and hours of work
rendered by Consultant. The statement shall describe the portion of Services and hours of work
rendered by Consultant since the initial commencement date, or since the start of subsequent billing
periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of
receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request
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that Consultant perform "Extra Work". As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall
not perform, nor be compensated for, Extra Work without written authorization from City's
Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of Califomia
Labor Code Sections 1720 et seq. and 1770 et seq., as well as Califomia Code of Regulations, Title
8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on certain "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall
provide Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem
wages for each craft, classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at the Consultants principal place of business
and at the Project site. Consultant shall defend, indemnify and hold the Agency, the City and its
respective directors, officials, officers, employees, agents or volunteers free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years from
the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents & Data,
as defined below, and other information of any kind prepared by Consultant in connection with
the performance of Services under this Agreement. Consultant shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
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3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective Parties at the following address, or at such other address as the
respective Parties may provide in writing for this purpose:
Consultant: Kammeyer & Associates
Attn: Todd Bagley
The Ranch
2837 Kellogg Avenue
Corona, CA 92881-3524
City: City of San Jacinto
Attn: Community Development Director
201 East Main Street
San Jacinto, CA 92583
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents & Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written information,
and other Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall not,
without the prior written consent of City, be used by Consultant for any purposes other than the
performance of the Services. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the Services or the Project. Nothing fumished to Consultant
which is otherwise known to Consultant or is generally known, or has become known, to the related
industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs
of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent of
Agency.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
RVPUBIDKG1621686
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appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorneys' Fees. If either Party commences an action against the other
Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attomey's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, the
City and its respective directors, officials, officers, employees, agents and volunteers free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any actual or alleged acts, omissions or willful misconduct of Consultant,
its officials, officers, employees, agents, consultants and subcontractors arising out of or in
connection with the performance of the Services, the Project or this Agreement, including without
limitation the payment of all consequential damages and attomeys' fees, expert witness fees, and
other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and
risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against the City and its respective directors, officials, officers, employees,
agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against the Agency, the City and/or their respective directors, officials, officers, employees,
agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse
the Agency, the City and their respective directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not
be restricted to insurance proceeds, if any, received by the City and its respective directors, officials
officers, employees, agents and volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, letters, memoranda or agreements. This Agreement may only be modified by a
writing signed by both Parties.
3.5.8 Governing Law. This Agreement shall be govemed by the laws of the State
of Califomia. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.10 Agency's Right to Employ Other Consultants. City reserves the right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties, and shall not be assigned by Consultant without the prior
written consent of the Agency, which may be given or withheld in the City's sole and absolute
discretion.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the prior
written consent of the City, which may be given or withheld in the City's sole and absolute discretion.
Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
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participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Unless
otherwise specified in this Agreement, any term referencing time, days or period for performance
shall be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, consultants and subcontractors of Consultant except as otherwise
specified in this Agreement. All references to City or City include its respective directors, officials,
officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference only, and
do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No waiver, supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by both
Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default
or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights by
custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term of this
Agreement, no member, officer or employee of City, during the term of his/ her service with City,
shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or applicant
for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
Such non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
Program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the Califomia Labor Code which require every employer to
be insured against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before commencing the
performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
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authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the
Services required by this Agreement, except as expressly stated herein, without prior written
approval of the Agency. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF SAN CINTO
COMMON D; ELOP T Dy2E R
"AGEN ► /
By:
eter Cosentini
City Manager Its:
Attest:
Approved as to Form:
Best Best & Krieger LLP
City Attomey
KAMMEYER & ASSOCIATES
TODD BAGLE
"CONSULT 4.07r
2-railo
Al ►/1`�.
By:
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EXHIBIT "A"
SCOPE OF SERVICES
The Services to be performed by Consultant for the Project pursuant to this
Agreement shall include but not be limited to the following specific tasks:
• Develop Review Criteria and Check List (A one time effort): Using the City design
guidelines we will revise and reformat the boiler plate check list we have included in
proposal. This check list will serve a guideline for plan checker and the plan preparer. We
suggest that this check list could be prepared in segments. We suggest the following check
list segments:
o Median & Parkways
o Erosion Control
o Commercial & Industrial
o Retail, Offices and Churches
o Residential development and apartments
o Streetscapes
o Parks and Open space
• Pick-up and Drop-off: We plan on providing pick-up of plans and documents a
minimum of two times a week, such as Tuesday and Friday; We are available to provide
pick-up other than the scheduled pick-up dates when requested by the City. Additional pick
ups will be for those projects the City wishes to place a special priority on. We will call the
City ahead of time to coordinate the pick up and delivery of documents.
• Plan Check: Having provided plan checking services and having had the experience of
waiting for a plan check so a project may proceed we know how important it is to have
prompt tum around of plan checks. With few exceptions we will provide a one week turn
around on plan checks. Exceptions to the one week tum around will be an exceptionally high
volume of plan checks or a particularly sensitive project where we may need to discuss
issues with City Staff.
• Weekly Check -in Meeting: Weekly we will meet with City Staff to review completed
projects, discuss project specific issues, coordinate calendar issues and tract projects.
• On -call Field Review: We will be on -call to assist the City in having quality control
over projects which are built in the City. Upon the notice of the City we will be available to
project inspection services.
• Field Report: After each field inspection will prepare a project punch list and field report
summary we will prepare the punch list and field report the next business day following the
inspection.
• Availability for proiect meetings: At the request of the City we will be available to attend
meeting with project participates.
• On -call attendance at Council & Planning Commission Meetings: We know that it
can be helpful to staff to have the plan checker attend Planning Commission and Council
meeting. At the request of the City Staff we will be available to attend these meetings.
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EXHIBIT "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be from November 24, 2003 until determined by the
Community Development Director, unless earlier terminated as provided in this Agreement.
EITHER:
Consultant shall completed all Services within the term of this Agreement and shall meet all
other established schedules and/or deadlines set by Citystaff.
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R-1
EXHIBIT "C'
COMPENSATION
Consultant shall receive compensation, including authorized cost and expense reimbursement, for all
Services rendered under this Agreement at the rates set forth below. In no event shall total
compensation, including authorized cost and expense reimbursements, exceed One thousand two
hundred and 00/100 dollars ($1,200.00) for the preparation of a plan check list, and an hourly fee of
eighty-five and 00/100 dollars ($85.00) for plan check services without written approval of Agency's
Representative.
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C-1
AGENDA ITEM 6.1
February 19, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Dorothy L. Chouinard, City Clerk
SUBJECT: Committee and/or Agency Agendas
RECOMMENDATION:
Receive and file.
BACKGROUND:
Information per Council's request.
JUSTIFICATION:
None
BUDGETARY IMPACT:
None
ATTACHMENTS:
Library
RCTC
RTA
VEDC
WROG
Approvals
City Manager:
Finance Director:
Pane 1 of 1
02/05/2004 12:31 9094878069
SAJt
PAGE 02
San Jacinto Branch Library
Subinitted by Elise Kahn, Branch Manager
January 2004
The end of January also brought the end of the semester for the San Jacinto High School
students. With 3 days of finals and a day off, it gave staff time to catch up on various
housekeeping duties. For the month of January we continue to have an average daily
attendance of 850 people visiting the library.
On January 16'h the San Jacinto High School National Honor Society students presented a
Winne the Pooh program for the children in the community. The students did a
wonderful job and had quite an audience. There were 53 children and 22 adults that
attended the program. The program consisted of a student reading a Winnie the Pooh
story in the childrens room and asking questions about the story afterward and giving out
candy for the answers. In the conference room there was a Winnie the Pooh video
showing and coloring pages to work on. All in all it was a great success and I hope to
have more programs such as this put on by the students of SJHS.
We are seeing new faces coming in to the San Jacinto Library as tax season is upon us.
People who never knew the library was here are discovering us and also getting their tax
forms.
We are in the process of getting our new Books on Tape on the shelves. Thanks to our
Friends group we now have $1,000 worth of new unabridged Books on Tape/CD. We
have also received our new Early Readers that the Friends donated money for and they
are flying out the door.
Library Assistant Brenda Ruvalcaba has sent coloring pages of the United States
Presidents to a teacher to be colored by local elementary school students. The finished
pages will a part of our Presidents Day display. We are hoping the students will come
into the library to see their artwork on display.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
(COMMISSIONERS MARION ASHLEY, CHRIS BUYDOS, BOB BUSTER, TERRY HENDERSON,
ROBIN LOWE, JOHN TAVAGLIONE, JIM VENABLE, FRANK WEST, ROY WILSON)
8:30 A.M.
(Note: Change in meeting time from 8:00 a.m. to 8:30 a.m.)
Wednesday, February 11, 2004
County of Riverside Administrative Center
Conference Room "A"
4080 Lemon Street, 3rd Floor, Riverside
In compliance with the Americans with Disabilities Act and Government Code
Section 54954.2, if you need special assistance to participate in an Executive
Committee meeting, p/ease contact the Clerk of the Commission at (909) 787-
7141. Notification of at least 48 hours prior to meeting will assist staff in assuring
that reasonable arrangements can be made to provide accessibility at the meeting.
1. CALL TO ORDER
2. PUBLIC COMMENTS
3. AGREEMENT NO. 04-12-049, EMPLOYEE ASSISTANCE PROGRAM (EAP)
SUBSCRIBER AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND
THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
Overview
This item is to approve the agreement between the County of Riverside and
the Riverside County Transportation Commission for the County to provide
EAP services to Commission employees and their eligible dependents.
4. RESOLUTION NO. 04-007, RESOLUTION OF THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION TO PROVIDE EMPLOYEE ASSISTANCE
PROGRAM
Overview
This item is to amend the Commission's Personnel Rules to include the
Employee Assistance Program.
5. ADJOURNMENT
The next Executive Committee meeting is scheduled to be held at 8:00 a.m.,
on Wednesday, March 10, 2004, at the Riverside County Transportation
Commission's Conference Room "A", 4080 Lemon Street, 3`d Floor,
Riverside, California.
RTA
Riverside Transit Agency
Riverside Transit Agency
a - MeetingBoard of Directors
e Meeting No. 2004-1A
il‘
e January 22, 2004
2:00 p.m.
1825 Third Street
Riverside, CA 92507
PLEASE NOTE: The Chairman of the Board kindly requests that cell
phones be turned off during the meeting
ITEM
1. CALL TO ORDER
2. SELF -INTRODUCTIONS
3. FLAG SALUTE
4. PUBLIC COMMENTS — NON -AGENDA ITEMS
Members of the public may address the Board
regarding any item within the subject matter
jurisdiction of the Board; however, no action may
be taken on off -agenda items unless authorized by
law. Comments shall be limited to matters not
listed on the agenda. Members of the public may
comment on any matter listed on the agenda at the
time that the Board considers that matter. Each
person's presentation is limited to a maximum of
three (3) minutes
5. PRESENTATION OF GAVEL TO DIRECTOR
MOORE IN RECOGNITION OF HIS SERVICE AS
BOARD CHAIRMAN AND PRESENTATION OF
AWARD TO CHAIRMAN JON WINNINGHAM IN
RECOGNITION OF FIVE YEARS OF SERVICE (P. 5)
RECOMMENDATION
RECEIVE COMMENTS
MAKE PRESENTATION
6. APPROVAL OF MINUTES — NOVEMBER 20, 2003,
BOARD MEETING (P. 6) APPROVE
Any Person with a disability who requires a modification or accommodation in order to participate in this meeting
should contact the RTA Clerk of the Board, telephone number (909) 565-5044, no less than two business days
prior to this meeting to enable RTA to make reasonable arrangements to assure accessibility to this meeting.
RTA BOARD OF DIRECTORS MEETING
JANUARY 22, 2004
ITEM
7.
8.
CHIEF EXECUTIVE OFFICER'S REPORT
CONSENT CALENDAR
All items on the Consent Calendar will be
approved by one motion and there will be no
discussion on individual items unless a Board
member or member of the public requests a
specific item be pulled from the calendar for
separate discussion
A. RTA Financial Profile — December 2003 (P.
14)
B. Ridership Report - December 2003 (P. 27)
C. Personnel Report - December 2003 (P. 33)
D. Transportation Center Report — December
2003 (P. 38)
E. On -Time Performance Report — December
2003 (P. 44)
F. Board Administrative Committee Minutes
November 12, 2003, Meeting (P. 50)
G. Board Operations Committee Minutes
December 3, 2003, Meeting (P. 52)
H. ADA Quarterly Minutes — October 7, 2003,
Meeting (P. 54)
I. Transportation NOW Meeting Attendees —
January (P. 56)
J. Agency Credit Card Statement for December
2003 (P. 57)
K. Investment Report — Period Ending
December 31, 2003 (P. 58)
PAGE 2
RECOMMENDATION
RECEIVE REPORT
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RECEIVE AND FILE
RTA BOARD OF DIRECTORS MEETING PAGE 3
JANUARY 22, 2004
ITEM
L. Authorization to Enter into a Reciprocal
Agreement with the City of Riverside for
Compressed Natural Gas (CNG) Fueling (P.
59)
Board Budget and Finance and Board
Administrative Committees Reviewed and
Recommended (1/7/04 and 1/14/04 Meetings)
RECOMMENDATION
APPROVE
M. Riverside Transit Agency (RTA) Investment
Policy Update (P. 66) APPROVE
Board Budget and Finance Committee
Reviewed and Recommended (1/7/04
Meeting)
N. Recommendation - Change of Service
Provider for 401A Retirement Plan (P. 71) APPROVE
Board Budget and Finance and Board
Administrative Committees Reviewed and
Recommended (1/7/04 and 1/14/04 Meetings)
O. Information Security Policy (P. 73) APPROVE
Board Administrative Committee Reviewed
and Recommended (1/14/04 Meeting)
CAPITALIZATION POLICY AMENDMENT -
CHANGE IN MONETARY THRESHOLD FOR
CAPITALIZATION OF RIVERSIDE TRANSIT
AGENCY (RTA) ASSETS (P. 84)
Board Budget and Finance Committee Reviewed
and Recommended (1/7/04 Meeting)
APPROVE
10. COMMENTS TO SCAG ON THE DRAFT 2004
REGIONAL TRANSPORTATION PLAN (P. 87) APPROVE
Board Operations and Board Administrative
Committees Reviewed and Recommended (1/7/04
and 1/14/04 Meetings)
RTA BOARD OF DIRECTORS MEETING PAGE 4
JANUARY 22, 2004
ITEM
11. CLOSED SESSION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(C) TO DISCUSS
POSSIBLE TERMINATION OF APPROVED BID
PROPOSAL
12. BOARD MEMBER COMMENTS AND REMARKS
13. ANNOUNCEMENTS
14. NEXT MEETING
Regular Meeting of the RTA
Board of Directors
Thursday, February 26, 2004
2:00 p.m.
RTA Conference Room
1825 Third Street
Riverside, CA 92507-3484
15. ADJOURNMENT
RECOMMENDATION
WRCOG
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
„getoq
lose ei'dl
ov-
EXECUTIVE
COMMITTEE
AGENDA
Monday, February 2, 2004
2:00 p.m.
County of Riverside
1st Floor Board Room
CALL TO ORDER Chair Jim Venable
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
At this time members of the public may address the Executive Committee regarding any items within the subject matter jurisdiction of the
Executive Committee which are not separately listed on this agenda. Members of the public will have an opportunity to speak on
agendized items at the time the item is called for discussion. NO action may be taken on items not listed on the agenda unless authorized
by law. Comments shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion
of the agenda. Any person wishing to address the Executive Committee on any matter, whether or not it appears on this agenda, Is
requested to complete a "Request to Speak" form available at the door. The completed form is to be submitted to the Secretary prior to an
individual being heard. Whenever possible, lengthy testimony should be presented to the Executive Committee in writing and only
pertinent points presented orally.
MINUTES
I.A Minutes from the December 1, 2003 Executive Committee meeting are available for
consideration.
Requested Action: Approve Minutes.
M-1
CONSENT AGENDA
II.A SANDAG/WRCOG Elgeritte Adidjaja Page 1
1-15 - Interregional Partnership Update
Background: The Inter -regional Partnership (IRP) is a voluntary partnership between elected
officials representing the Western Riverside Council of Governments (WRCOG) and
the San Diego Association of Governments (SANDAG). The Partnership is
funded by the State Department of Housing and Community Development and is
intended to address jobs/housing balance issues.
II.B
II.0
Requested Action: Receive and file.
Appointment to Countywide Barbara Spoonhour Page 3
Solid Waste management Advisory Committee
Background: A vacancy on the Committee to be filled by WRCOG exists.
Requested Action: 1. Appoint Barbara Spoonhour as WRCOG's representative to the Countywide
Solid Waste Management Committee, and Danielle Maxson as alternate.
2. Direct staff to continue to solicit interest among jurisdictions in serving on the
Committee.
Solid Waste Cooperative Program Update Barbara Spoonhour
Page 9
Background: In December, 2003, the California Integrated Waste Management Board (CIWMB)
released the 2002 annual diversion numbers for WRCOG jurisdictions. Annual
reports are being submitted to jurisdictional staff for review and need to be
submitted
to the CIWMB by February 2, 2004.
Requested Action: Receive and file.
II.D TUMF Update Ruthanne Taylor Berger Page 11
Background: Staff has provided updates on the current activities of the TUMF Program.
Requested Action: Receive and file.
II. E March Inland Port Ground Elgeritte Adidjaja Page 13
Access Study
Background: The Southern California Association of Governments (SCAG issued a notice to
proceed on a contract awarded to the Western Riverside Council of Governments
and Katz, Okitsu, and Associates (KO&A) to study the ground access issues the
March ARB.
Requested Action: Receive and file.
REPORTS/DISCUSSION
III.A MSHCP Update Rick Bishop Page 17
Background: An update on the status of MSHCP adoption by jurisdictions and related issues will
be provided. The initial meeting of the Riverside Conservation Authority will take
place after the Executive Committee meeting.
Requested Action: 1. Receive report.
2. Provide direction to staff if necessary.
III.B WRCOG/OCCOG Alexa Washburn Page 19
SR-91 — Interregional Partnership Update
Background: The Inter -regional Partnership (IRP) is a voluntary partnership between elected
officials representing the Western Riverside Council of Governments (WRCOG) and
the Orange County Association of Governments (OCCOG). The Partnership is
funded by the State Department of Housing and Community Development and is
intended to address jobs/housing balance issues.
Requested Action: Receive report.
III.0 Report from League of California Cities
Page 61
Regional Representative
Background:
Dave Wil/mon
Dave Willmon, the League of California Cities Regional Representative for Riverside
County, will provide an update on activities being undertaken by the League of
California Cities.
Requested Action: Receive report.
III.D Regional Transportation Plan
Rick Bishop Page 63
Background: The Southern California Association of Governments (SCAG) has been preparing
the 2004 Regional Transportation Plan.
Requested Action: 1. Receive report.
2. Direct staff to transmit Draft RTP comments to SCAG prior to February 9,
2004.
OTHER MATTERS
IV. Items for Future Agendas Members
Members are invited to suggest additional items to be brought forward for discussion at future
Executive Committee meetings.
V. General Announcements Members
Members are invited to announce items/activities which may be of general interest to the
Executive Committee.
VI. Next Meeting: The Executive Committee will meet on March 1, 2004 at 2:00pm.
VII. ADJOURNMENT
REGIONAL CONSERVATION AUTHORITY
"e
O to ion
Please end1-
AGENDA
Monday, February 2, 2004
3:30 p.m.
County of Riverside
Administrative Center
Board Hearing Room
1. CALL TO ORDER WRCOG Chair Jim Venable
11. WELCOME AND INTRODUCTIONS
111. PLEDGE OF ALLEGIANCE
IV. PUBLIC COMMENTS
At this time members of the public may address the RCA Board of Directors regarding any items within the subject matter jurisdiction of the
Board which are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized Items at the
time the Item is called for discussion. NO action may be taken on items not listed on the agenda unless authorized by law. Comments
shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion of the agenda.
Any person wishing to address the Board on any matter, whether or not it appears on this agenda, is requested to complete a 'Request to
Speak" form available at the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever
possible, lengthy testimony should be presented to the Board in writing and only pertinent points presented orally.
V. PROPOSED APPROACH TO TODAY'S RCA BOARD MEETING
Requested Action: Operate on consensus of those attending today's meeting, and recognize that only
those jurisdictions that have approved the Joint Powers Agreement establishing the
Regional Conservation Authority are authorized to vote.
VI. SELECTION OF INTERIM CHAIR AND VICE CHAIR
Requested Action: Select Interim Chair and Vice Chair, subject to re -affirmation at the next scheduled
RCA meeting when a majority of jurisdictions will have acted to approve the JPA
establishing the Regional Conservation Authority.
VII. MEETING SCHEDULE FOR 2004
Requested Action: Approve RCA Board Meeting Schedule for 2004, subject to re -affirmation at the
next scheduled RCA meeting when a majority of jurisdictions will have acted to
approve the JPA establishing the Regional Conservation Authority.
H:1Meetings\MSHCP\Agendaslrca agendas041RCAag0202204.doc
Vlll. CONSENT AGENDA
No Consent Items for this Agenda
IX. REPORTS
IX.A MSHCP/JPA Adoption Status
Requested Action: Receive report.
IX.B MSHCP Overview/ Role of the RCA
Requested Action: Receive report.
IX.0 Legal Matters
a. Status of "No Surprises" Ruling
b. Local Action regarding MSHCP
c. Legal Counsel
IX.D
Requested Action: 1. Receive reports.
2. Appoint Best, Best and Krieger as Interim Legal Counsel to
serve the RCA Board through the end of the fiscal year.
3. Direct staff to prepare an RFQ for MSHCP legal services for Fiscal
year 2004-05.
Consideration of Resolution No. 04-01, a Resolution Of The Board Of Directors Of
The Western Riverside County Regional Conservation Authority Making
Responsible Agency Findings Pursuant To The California Environmental Quality
Act For The Multiple Species Habitat Conservation Plan/Natural Community
Conservation Plan And Approving The Western Riverside County Multiple
Species Habitat Conservation Plan/Natural Community Conservation Plan And
Implementing Agreement, Adopting Environmental Findings Pursuant To The
California Environmental Quality Act, And Adopting A Statement Of Overriding
Considerations And Authorizing The Chair Of The Board To Execute The
Implementing Agreement.
Requested Action: Adopt Resolution 04-01, a Resolution Of The Board Of Directors
Of The Western Riverside County Regional Conservation
Authority Making Responsible Agency Findings Pursuant To
The California Environmental Quality Act For The Multiple
Species Habitat Conservation Plan/Natural Community
Conservation Plan And Approving The Western Riverside
County Multiple Species Habitat Conservation Plan/Natural
Community Conservation Plan And Implementing Agreement,
Adopting Environmental Findings Pursuant To The California
Environmental Quality Act, And Adopting A Statement Of
Overriding Considerations And Authorizing The Chair Of The
Board To Execute The Implementing Agreement.
IX.E Discussion of Staffing Arrangements
Requested Action: Discuss and provide further direction to staff.
H:SMeetings\MSHCP\Agendas\rca agendas041RCAag0202204.doc
ITEMS FOR NEXT MEETING
XI. ITEMS FOR FUTURE AGENDAS Members
Members are invited to suggest additional items to be brought forward for discussion at future
Regional Conservation Agency meetings.
XII. NEXT MEETING: March 1, 2004
4:00 p.m.
4080 Lemon St., Board Hearing Room
XIII. ADJOURNMENT
H:1Meetings\MSHCP1Agendaslrca agendas041RCAag0202204.doc
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CITY OF SAN JACINTO
CITY COUNCIL
Notice of Public Hearing
CONDITIONAL USE PERMIT 03-03
PROPOSAL
ENVIRONMENTAL
DATE/TIME
WHERE TO GO
WHO TO CALL
Subject Site
The San Jacinto Street Retail Center
project consists of the construction of a
retail shopping center on an
approximately 26.09 — acre site. After
street frontage dedications are
deducted, the project site totals 25.46
acres. The center includes a total of
approximately 243,000 square feet of
retail space comprised of a 218,000—
square fool major retail store, three
5%st-foal Gl restaurants,
restaurant, and a 12-pump ueling
station. The 218,000 retail store and 12-position fueling station will be located on a 20.86 acre parcel. The fueling station will be
located under a canopy cover and will include a kiosk totaling approximately 600 square feet. The remaining 4.6 acres of the site
will be subdivided into four parcels consisting of freestanding retail pads. These parcels will contain a4,200— square foot fast-food
restaurant with drive -through, a 9,000—square foot sit-down restaurant, and an 8,000 — square foot retail shop building (consisting
of a mixture of food, service, and/or retail uses) with a drive -through. Alternative uses may be substituted for the fast food uses
identified in the 4 parcels, including retail uses with or without drive through lanes. The proposed San Jacinto Retail Center will be
located at the southeast corner of San Jacinto Street and Commonwealth Avenue
Applicant Tom Moody, Adams Engineering Consultants
1902 Wright Place, Suite 200
Carlsbad, CA 92008
In accordance with the California Environmental Quality Act (CEQA) a draft EIR has been prepared for the San Jacinto Street Retail
project. The Draft EIR discusses the proposed projects impacts on transportation/circulation, air quality, noise, biological resources,
hydrology and water quality, and agricultural resources. All significant effects of the proposed project have been reduced to less
than significant levels with implementation of mitigation, with the exception of transportation/circulation, air quality, noise and
agriculture. Statement of Overriding Considerations will be prepared for adoption as to these issues.
February 19, 2004
7:00 p.m.
San Jacinto Unified School District Board
Room
2045 S. San Jacinto
San Jacinto, CA 92583
For additional information contact:
Community Development Dept.
248 E. Main Street
San Jacinto, CA 92583
(909) 487-7330
District Offices
Dorothy Chouinard - Feb. 19, 2004 Agenda Item -- Closed Session Item (Cove Warren Road) Page 1
From: "Jeff S. Ballinger" <Jeff.Ballinger@bbklaw.com>
To: "Dorothy Chouinard" <dchouinard@sanjacintoca.us>
Date: 2/10/04 10:19PM
Subject: Feb. 19, 2004 Agenda Item -- Closed Session Item (Cove Warren Road)
Dorothy,
Please add the following to the closed session agenda for Feb. 19, 2004:
CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of
litigation pursuant to subdivision (c) of Section 54956.9: (One (1) or
more potential cases)
Thanks!
Jeff Ballinger
Best Best & Krieger
3750 University Avenue
Riverside, CA 92502-1028
(909) 686-1450 Office
(909) 686-3083 Fax
************o-»k******************************************mat**********************
This email and any files transmitted with it may contain privileged or otherwise confidential information. If
you are not the intended recipient, or believe that you may have received this communication in error,
please advise the sender via reply email and delete the email you received.
**********«..<t*******.*******************,****************************************
CC: "Peter Cosentini" <pcosentini@sanjacintoca.us>
NOTICE OF HEARING
ON ANNEXATION OF PROPERTY TO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2
OF THE CITY OF SAN JACINTO (ANNEXATION NO. 14)
AND ASSESSMENTS PROPOSED TO BE LEVIED ON THAT PROPERTY
FOR FISCAL YEAR 2003-04
NOTICE IS HEREBY GIVEN that at 7:00 o'clock p.m. on February 19,
2004 in the San Jacinto Unified School District Board Room at 2045 South San Jacinto
Avenue, San Jacinto, California, the City Council of the City of San Jacinto ("City") will
conduct a public hearing regarding the annexation of certain property, generally located
at the northeast corner of Eagle Drive and Country Village Drive in the City of San
Jacinto, County of Riverside, to Landscaping, Lighting and Park District No. 2
("District") as Annexation No. 14 which, if annexed, will become Zone 14 of the District,
and the assessments which are proposed to be levied on parcels of property in Zone 14
for fiscal year 2003-04. According to the City's records, you are the record owner of a
parcel or parcels of property within Zone 14 which is or are subject to the levy of the
proposed assessments. The total amount of the assessments which are proposed to be
levied for fiscal year 2003-04 on parcels in Zone 14 is $481.97. The amount of the
assessment which is proposed to be levied on each parcel in the District is $481.97 per
unit of benefit. The assessments are proposed to be levied to pay the annual cost of the
installation, operation, maintenance and servicing of street lighting and any other
appurtenant improvements ("Improvements") in the District.
The total amount of the assessments which are proposed to be levied on
parcels of property in Zone 14 is equal to the amount of the estimated annual cost of the
installation, operation, maintenance and servicing of the Improvements within Zone 14
for the 2003-04 fiscal year. The amount of the assessment which is proposed to be levied
on each parcel in Zone 14 was calculated on the basis of the proportionate special benefit
derived by the parcel in relationship to the entirety of the costs that are related to the
installation, operation, maintenance and servicing of the Improvements for said fiscal
year and was determined by dividing the estimated annual cost by the number of units of
benefit within Zone 14. The assessments will be levied on all parcels within Zone 14 so
long as such assessments are necessary to pay the annual cost of the installation,
operation, maintenance and servicing of the Improvements in Zone 14.
The City Council has determined that the amount of the assessment
which will be levied per parcel for each parcel in Zone 14 in future fiscal years may
be increased by the percentage increase in the Consumer Price Index - All Urban
Consumers for the Los Angeles -Anaheim -Riverside Area provided that the amount
of the assessment is not increased by more than seven and one-half percent (7 '%%)
in any fiscal year and provided that the amount of the assessment to be levied on
any parcel in any fiscal year shall not in any event exceed the reasonable costs of the
proportional special benefit conferred on the parcel. Property owners who vote
Assessment Ballots in support of the levy of the proposed assessment will also be
ORANGE/JR\
voting in support of such an increase in the annual amount of assessments to be
levied in future fiscal years.
At the conclusion of the public hearing, the City Clerk will tabulate the
assessment ballots submitted, and not withdrawn, in support of or opposition to the levy
of the proposed assessments. A majority protest will exist if the assessment ballots
submitted, and not withdrawn, in opposition to the levy of the proposed assessments
exceed the assessment ballots submitted, and not withdrawn, in favor of the levy of the
proposed assessments, weighting those assessment ballots by the amount of the proposed
assessment to be imposed upon the identified parcel for which each assessment ballot is
submitted. If there is a majority protest against the levy of the proposed assessments, the
property will not be annexed to the District and the City Council will not levy the
proposed assessments on parcels of property within Zone 14.
DATED: February 4, 2004
Jsl Dorothy Chouinard
City Clerk
City of San Jacinto
ORANGE/JR\
City/County
Code Section
Ordinance Text
Hemet
90-61(a)
Whenever a structure which does not comply with the
minimum development standards and site development
requirements for the zone in which the structure is
located, is damaged by fire, calamity, act of God or by the
public enemy to the extent of 50 percent or less of the
value of the structure as determined by the building
official, based upon the latest International Conference of
Building Officials Building Valuation Data Table, the
structure may be restored. The restoration shall be started
within 12 months from the date of damage and diligently
pursued to completion. When the damage exceeds 50
percent or the structure is razed for any reason, the
structure shall not be restored except in full conformity
with the regulations for the zone in which it is located.
(Ord. No 1585, § 8-25-98)
Riverside
County
17.184.090(B)
The provisions of this chapter [generally limiting increases
to 25% of floor area, but imposing objective time limits on
continuance of nonconformities] shall not prevent the
reconstruction, repairing, rebuilding or replacement and
continued use of any nonconforming structure that is
damaged by fire, explosion or acts of God; provided,
however, any such rebuilding, reconstruction or repairing
shall not extend the period of nonconforming time in
which the use must be eliminated. (Ord. 348.3928 § 2
(part), 2000: Ord. 348 § 18.8(h), (i))
Moreno
Valley
9.02.180(G)
1. Whenever a legal nonconforming use or improvement
is destroyed by fire, calamity or act of God, to the extent
of fifty (50) percent or less, the improvement may be
restored and the nonconforming use may be resumed,
provided that restoration is started within one year and
diligently pursued to completion. When the destruction
exceeds fifty (50) percent or the structure is voluntarily
razed or is required by law to be razed, the structure shall
not be restored except in full conformity with the
regulations for the zone in which it is located and the
S:\jsb\San Jacinto Burn Policy Staff Report.doc
nonconforming use shall not be resumed.
2. If the use or improvement is destroyed by fire, calamity
or act of God, to the extent of fifty (50) percent or more,
the use or improvement may not be restored except as
provided for below in subparagraphs 5, 6, 7 and 8.
4. Any legal nonconforming improvement rebuilt after
destruction by fire, calamity, or act of God, shall to the
degree feasible, be rebuilt to eliminate or reduce the
nonconformity with the regulations for the district in which
it is located.
5. In any district, a legal nonconforming residential use
destroyed by fire, calamity or act of God may be restored
and the use may be resumed, provided that the
restoration is started within three years and diligently
pursued to completion.
6. In any district, a legal nonconforming place of worship
or other quasi -public use or improvement destroyed by
fire, calamity or act of God may be restored and the use
may be resumed, provided that the restoration is started
within three years and diligently pursued to completion.
7. In any commercial district, a legal nonconforming
commercial use destroyed by fire, calamity or act of God
may be restored and the use may be resumed, provided
that the restoration is started within one year and diligently
pursued to completion.
8. In any industrial district, a legal nonconforming
industrial use destroyed by fire, calamity or act of God
may be restored and the use may be resumed, provided
that the restoration is started within one year and diligently
pursued to completion.
9. Any legal nonconforming use or improvement restored
after damage and allowed within this section is subject to
review under an administrative plot plan and shall adhere
to the following findings:
a. The proposal shall not be for the purpose of increasing
the number of living units on the property.
b. The proposal shall benefit the health, safety and
welfare of the occupants on the site, and not be
detrimental to any surrounding properties.
c. The proposal shall be architecturally compatible with
the existing building.
d. The proposal shall not displace required on -site
parking, landscaping or other conforming Municipal Code
requirements.
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
e. Any legal nonconforming improvement rebuilt after
destruction by fire, calamity, or act of God, shall to the
degree feasible, be rebuilt to eliminate or reduce the
nonconformity with the regulations for the district in which
it is located.
Colton
18.46.040
Should such nonconforming structure or nonconforming
portion of structure be destroyed by any means to an
extent of more than fifty percent of its replacement cost at
time of destruction, it shall not reconstructed except in
conformity with the provisions of this title. (Ord. 0-14-92 §
1 (Exh. A) (part), 1992)
Indian Wells
21.90.030(e)
A non -conforming building and/or structure which is
damaged or partially destroyed by fire, explosion or man -
induced or natural disaster to the extent of more than
seventy-five percent (75%) of the fair market value
according to the assessment as listed by the Riverside
County Assessor for the fiscal year during which the
destruction occurs shall be subject to all the applicable
regulations specified by this division. (Ord. 387 §1, 1996)
Long Beach
21.27.090
Any building containing a nonconforming use or any
nonconforming structure may be repaired and restored to
its nonconforming state if the need for repairs or
restoration shall be the result of fire, explosion,
earthquake, imminent public hazard, acts of terrorism,
sabotage, vandalism, warfare or abatement of earthquake
hazard in accordance with City regulations. Such
restoration shall comply with the following conditions:
A. Level Of Restoration. The damaged use or structure
may be repaired or rebuilt to the area and footprint of the
previous use or structure. Alternatively, the use or
structure may be repaired or rebuilt to a more conforming
area or footprint.
B. Additional Floor Area Added. If during restoration
and/or reconstruction additional floor area is added, the
use or structure shall abandon its nonconforming status.
C. Time Limit. The repairs must be commenced within
one year of the event causing damage to the use or
structure, and the repairs must be diligently pursued until
completed. (Ord. C-7663 § 5, 1999).
Murrieta
16.32.050(B)
If a nonconforming structure, or a conforming structure
used for a nonconforming use, is damaged, destroyed
or demolished, the right to continue occupancy of the
nonconforming structure, or to continue the
nonconforming use shall cease; provided however, that
the structure may be repaired or rebuilt and reoccupied
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
only as follows:
1. If the cost of repairing or replacing the damaged
portion of the structure does not exceed fifty (50)
percent of the current appraised value of the structure,
as shown in the county assessor's records, the
structure may be restored and the use continued if the
restoration is started within one year of the date of
damage or destruction and is diligently pursued to
completion; and
2. If the cost of repairing or replacing the damaged
portion of the structure exceeds fifty (50) percent of the
current appraised value of the structure, as shown in
the county assessor's records, a minor conditional use
permit (16.52) shall be required to authorize the
restoration of the structure and continue the use. The
minor conditional use permit shall include a finding, in
addition to those contained in Section 16.52.040
(Findings and Decision), that the benefit to the public
health, safety or welfare exceeds a detriment inherent
in the restoration. (Ord. 182 § 2 (part), 1997)
Ontario
9-1.0710(b)
A legal nonconforming structure which is damaged or
partially destroyed by fire, flood, wind, earthquake or other
calamity, or the public enemy, may be reconstructed up to
the original size, placement and density, provided that
total cost of such reconstruction does not exceed more
than fifty percent (50%) of fair market value or less, the
structure may be restored and the nonconforming use
may be resumed, provided that restoration is started
within six (6) months, unless extended by the Zoning
Administrator, and diligently pursued. In the event that the
cost of repairing such damage exceeds fifty percent (50%)
of the value of the structure prior to such damage
occurring, the structure may be reconstructed up to the
original size, placement and density subject to the
following conditions:
(1) The Planning Commission, after holding a public
hearing, finds that continuing the nonconforming use will
not result in an annoyance to and/or reduction of, any
surrounding property. A public hearing and Planning
Commission findings, pursuant to division (b) of this
section, shall not be required for a parcel of land that is
designated for a residential land use on the General Plan
and contains six (6) or fewer dwelling units;
(2) The extent of damage or partial destruction shall be
based upon a comparison of the estimated cost of
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
restoring the structure to its condition prior to such
damage or partial destruction with its value at the time the
structure was damaged or partially destroyed. Estimates
for such purpose shall be made by or reviewed by the
Building Official; and
(3) The restoration is commenced within six (6) months
and diligently pursued to completion.
(4) Nothing in this section shall be construed to permit
the continuation of conditions that will endanger the
health, safety and welfare of building occupants or the
residents of the area, or which constitute a public or
private nuisance.
A multiple family dwelling or development that has been
involuntarily damaged or destroyed by fire, flood, wind,
earthquake, or other calamity, or by public enemy, may be
reconstructed up to the original size, placement and
density, except a multiple family dwelling or development
which has been abandoned for a period of ninety (90) or
more consecutive days prior to being involuntarily
damaged or destroyed, or a multiple family dwelling or
development constituting a public nuisance prior to being
involuntarily damaged or destroyed may not be
reconstructed unless the structure is made to comply to all
provisions of the Development Code.
Temecula
17.03.070(G)
1. Whenever a structure which does not comply with the
development standards for front yards, side yards, rear
yards, height of structures, or distances between
structures prescribed in the development standards for
the zone in which the structure is located, or the use of
which does not conform with the development standards
for the zone in which it is located, is destroyed by fire or
other calamity, by act of God, or by the public enemy to
the extent of fifty percent or more, or the structure is
voluntarily razed or is required by law to be razed, the
structure shall not be restored except in full conformity
with the development standards for the zone in which it is
located and the nonconforming use shall not thereafter be
resumed.
2. The extent of damage or partial destruction shall be
based upon the ratio of fifty percent of the estimated
replacement cost of restoring the structure to its condition
prior to such damage or partial destruction, or to fifty
percent of the estimated cost of duplicating the entire
structure as it existed prior to said damage or partial
destruction. Estimates for this purpose shall be made by
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
or shall be reviewed and approved by the building official,
and shall be based on the minimum cost of construction in
compliance with the city's building code as the same
exists on the date the estimates are submitted.
3. In accordance with Government Code Section 65863.4,
the restoration and reconstruction restrictions contained in
this subsection shall not apply to any multifamily
residential dwelling which is currently occupied at the time
it was involuntarily damaged or destroyed and which was
legally constructed and occupied at the time of its initial
construction. For purposes of this subsection, the phrase
"multifamily residential dwelling" means any structure
designed for human habitation that has been divided into
two or more legally created independent living quarters.
The application of the restrictions of this subdivision shall
not apply to any multifamily residential dwelling which
constituted a public nuisance prior to being involuntarily
damaged or destroyed, which was abandoned for a period
of one year prior to being involuntarily damaged or
destroyed, or to any property for which the property owner
requests a reduction in density on the property. (Ord. 95-
16 § 2 (part))
S:\jsb\San Jacinto\Burn Policy Staff Report.doc
•
REQUEST TO SPEAK
CITY COUNCIL AGENDA ITEM #: SUBJECT: Sa IAQCL yi b PioL
DATE: 2/'JG/04F
IN FAVOR: p11
Name: 9 Lira iA CI
NEUTRAL: ❑ IN OPPOSITION: 0
Representing: Scr TOf iYt--D NI� J_
Address: 1 ( I'V . PO
City: .
`777
Telephone No.: ZC �` 7 R—
Individual speakers are limited to three minutes for their presentation. Organized presentations
with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council.
When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate
time. Please make your presentation from the microphone.
HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START
OF THE MEETING.
AGENDA
REGULAR MEETING
SAN JACINTO REDEVELOPMENT AGENCY
FEBRUARY 19, 2004
Immediately Following the Regular City Council Meeting
San Jacinto Unified School District Board Room
2045 South San Jacinto Avenue, San Jacinto, California
1. ORGANIZATION
1.1 Call to Order
1.2 Roll Call
2. PUBLIC COMMENTS
None
3. PUBLIC HEARING:
Now is the time for the public to address the Agency on any subject not listed on the agenda. Any
person may address the Agency on any subject pertaining to Redevelopment Agency business not listed on the
Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be set for each person
desiring to address the Agency Directors.
4. CITY DEPARTMENTS
None
5. CONSENT CALENDAR
The matters listed under Consent Calendar are considered routine and will be enacted by one motion
by Agency Members in the form listed. There will be no separate discussion on these items prior to
the motion unless members of the Redevelopment Agency, staff or the public requests a specified
item be removed and/or discussed.
Anyone wishing to discuss a consent calendar item should come forward upon invitation of the
Agency Chairman; state their name, address and the consent calendar item number. Speakers
should limit comments to three (3) minutes.
Redevelopment Agency Agenda
February 5, 2004
Page 2 of 2
5.1 February 5, 2004 Regular Meeting Minutes / Approve / Agency
Secretary
5.2 Structural Analysis and Detailed Inspection of the San Jacinto Museum
Building — 181 E Main Street / Approve and appropriate $6,000 in
unallocated Redevelopment Agency Funds / Community Development
Director
6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS
None
7. OPEN SESSION ANNOUNCEMENTS
CLOSED SESSION
None
8. ADJOURNMENT
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fioated rice Ane9o4t9 afeeda tice 13t4 dew 06 elerwaitey, 2004, ad. Teri/zed 4 ea.as.
A BOA 6.1
MINUTES
REGULAR MEETING SAN JACINTO REDEVELOPMENT AGENCY
FEBRUARY 5, 2004, 8:58 p.m.
San Jacinto Unified School District Board Room
2045 South San Jacinto Avenue, San Jacinto, California
1. ORGANIZATION
1.1 Call to Order
Chairman Jim Ayres called the Regular Meeting of the Redevelopment
Agency to order at 8:58 p.m.
1.2 Roll Call
Present: Jim Ayres, Chris Carlson-Buydos, Jim Conner, Ken Shaw
Absent: Dale Stubblefield
2. PUBLIC COMMENTS
None
3. PUBLIC HEARING:
None
4. CITY DEPARTMENTS
None
5. CONSENT CALENDAR
5.1 January 22, 2004 Regular Meeting Minutes / Approve / Agency
Secretary
M/S/C (Carlson-Buydos / Ayres) moved to approve the Agenda Item 5.1 as
submitted. Motion carried 4/0.
Ayes: Carlson-Buydos, Conner, Shaw, Ayres
Redevelopment Agency Minutes
February 5, 2004
Page 2 of 2
Nays:
Absent:
Abstain:
None
Stubblefield
None
6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS
None
7. OPEN SESSION ANNOUNCEMENTS
CLOSED SESSION
None
8. ADJOURNMENT
With no further business coming before the Agency, Chairman Ayres adjourned the
meeting at 8:59 p.m.
San Jacinto Redevelopment Agency
by Jim Ayres, Chairman
ATTEST:
Dorothy L. Chouinard, Agency Secretary
City Manager:
AGENDA ITEM 5' cP--
February 19, 2004
TO: The Honorable President and Members of the City of San Jacinto
Redevelopment Agency Board of Directors
Ari
FROM: Tim Hults, Community Development Director N'
SUBJECT: Appropriation of Funds to Conduct a Structural Analysis and a
Detailed Inspection of the San Jacinto Museum Building
RECOMMENDATION:
By motion, appropriate $6,000 in unallocated Redevelopment Agency funds to
cover the cost of a Structural Analysis and a Detailed Inspection of the San
Jacinto Museum Building.
BACKGROUND:
Recently, during heavy rains an extensive leak occurred at the Museum building.
While evaluating the cause of the leak, it was determined that extensive and
prolonged damage has resulted to the building from poor or incomplete
construction of the perimeter walls. The damage is the result of inadequate
weatherproofing to the exterior walls when the building was constructed.
The appropriation of funds will provide for a complete structural analysis and
physical evaluation of the building. The analysis will include the following scope
of activities:
1. Remove and replace sections of the roof to ascertain or verify
structural integrity.
2. Remove and replace sections of the exterior walls to check for dry rot
and/or other damage to structural support members.
3. Inspect and analyze decorative rock façade in the front of the building
to determine structural integrity.
4. Conduct a pachometer test of the rear exterior block wall of the
building to determine if structural rebar reinforcement has been placed
to ensure seismic stability.
Finance Director:
ik)
Page 1 of 2
It is important to note, that the firm hired to conduct the analysis will replace only
those areas of the roof or walls removed as necessary to conduct the appropriate
inspection. The replacement will not include complete reconstruction, but will
provide adequate and appropriate weather protection. Any reconstruction or
rehabilitation of the building would occur only after the structural analysis has
been reviewed and approved by City Council or Redevelopment Agency Board of
Directors and an action plan related thereto has been developed.
JUSTIFICATION:
The analysis is necessary to determine the extent of structural damage to the
building, and whether or not it would be prudent and/or cost effective to
rehabilitate the building.
BUDGETARY IMPACT:
The estimated cost of the structural analysis is $5,700. The source of funds is
unallocated Redevelopment Agency monies.
ATTACHMENTS:
None
Page 2 of 2